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UNITED STATES v. MYERS

No. 15500.

364 F.2d 297 (1966)

UNITED STATES of America ex rel. John LOWRY v. David N. MYERS, Superintendent, State Correctional Institution, Graterford, Pennsylvania. Commonwealth of Pennsylvania, Appellant.

United States Court of Appeals Third Circuit.

Decided July 29, 1966.

Attorney(s) appearing for the Case

Ward F. Clark, First Asst. Dist. Atty., Doylestown, Pa. (William J. Carlin, Dist. Atty., Doylestown, Pa., on the brief), for appellant.

Melvin Rubin, Philadelphia, Pa., for appellee.

Before STALEY, SMITH and FREEDMAN, Circuit Judges.

FREEDMAN, Circuit Judge.

The Commonwealth appeals from the order of the district court granting relator's petition for a writ of habeas corpus.1

Relator was convicted in the state court in Bucks County, Pennsylvania, of first degree murder. Pursuant to the Pennsylvania practice which prevailed at that time (Penal Code of June 24, 1939, P.L. 872, § 701, 18 Purdon's Pa.Stat.Annot. § 4701, based on Act of May 14, 1925, P...

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