UNITED STATES v. MYERS

Misc. No. 2975.

242 F.Supp. 515 (1965)

UNITED STATES of America ex rel. John BERKERY, No. H3407, Petitioner, v. D. N. MYERS, Superintendent State Correctional Institution at Graterford, Pennsylvania, Respondent.

United States District Court E. D. Pennsylvania.

June 1, 1965.


Attorney(s) appearing for the Case

Robert F. Simone, Philadelphia, Pa., for petitioner.

James C. Crumlish, Jr., Dist. Atty., Gordon Gelfond, Asst. Dist. Atty., Philadelphia, Pa., for respondent.


JOSEPH S. LORD, III, District Judge.

Relator seeks a writ of habeas corpus on the ground that the trial judge, sitting without a jury, in relator's state trial for burglary, conspiracy and possession of burglary tools learned of the defendant's possible implication in other crimes as a result of reading a statement of one of the witnesses and thereby became prejudiced. The statement of the witness the trial judge read has been submitted to this court accompanied by...

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