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UNITED STATES v. COMMONWEALTH OF PENNSYLVANIA

No. 15033.

343 F.2d 447 (1965)

UNITED STATES of America ex rel. James W. McDONALD, Appellant, v. COMMONWEALTH OF PENNSYLVANIA, David N. Myers, Superintendent, State Correctional Institution, Graterford, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided March 29, 1965.

Attorney(s) appearing for the Case

Martin Greitzer, Philadelphia, Pa., for appellant.

Joseph M. Smith, Asst. Dist. Atty., Chief, Appeals Div., Philadelphia, Pa. (Stanley M. Schwarz, Asst. Dist. Atty., F. Emmett Fitzpatrick, Jr., First Asst. Dist. Atty., James C. Crumlish, Jr., Dist. Atty., Philadelphia, Pa., on the brief), for appellees.

Before BIGGS, Chief Judge, and FORMAN and FREEDMAN, Circuit Judges.

FREEDMAN, Circuit Judge.

The court below denied appellant's petition for a writ of habeas corpus which attacked his conviction and sentence in a State court on the ground that he was without benefit of counsel. A previous petition in the State courts had failed. Commonwealth ex rel. McDonald v. Rundle, 202 Pa.Super. 594, 198 A.2d 324 (1964), allocatur refused.

We believe the order of the court below must be vacated...

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