UNITED STATES v. RUNDLE

No. 15316.

363 F.2d 126 (1966)

UNITED STATES of America ex rel. Murray DICKERSON v. Alfred T. RUNDLE, Superintendent, State Correctional Institution, Philadelphia, Pennsylvania, Appellant.

United States Court of Appeals Third Circuit.

Decided July 19, 1966.

Rehearing Denied August 15, 1966.


Attorney(s) appearing for the Case

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

Walter Stein, Philadelphia, Pa., for appellee.

Before McLAUGHLIN, STALEY and GANEY, Circuit Judges.


OPINION BY THE COURT

GANEY, Circuit Judge.

This case involves an appeal by the Superintendent of the State Correctional Institution, Philadelphia, Pennsylvania, dated February 9, 1965, granting the appellee's, Murray Dickerson, petition for writ of habeas corpus.1

The district court, in its opinion, stated that it was granting the writ "because the relator was denied the assistance of counsel under the Sixth and Fourteenth...

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