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UNITED STATES v. BRIERLY

Misc. No. 3533.

269 F.Supp. 753 (1967)

UNITED STATES of America ex rel. Ralph STAINO, Jr. v. Joseph R. BRIERLY, Superintendent, State Correctional Institution, Phila., Pa.

United States District Court E. D. Pennsylvania.

June 9, 1967.

Attorney(s) appearing for the Case

John Patrick Walsh and David N. Savitt, Philadelphia, Pa., for petitioner.

William D. Hutchinson, Asst. Dist. Atty., Harry W. Lightstone, Dist. Atty., Pottsville, Pa., for respondent.

MEMORANDUM

JOHN W. LORD, Jr., District Judge.

This is a petition for writ of habeas corpus asserting the constitutional invalidity of the "tacit admission" rule of evidence. Upon consideration of the briefs and oral argument, and the very excellent and well-reasoned recent opinion of my colleague, Judge Joseph S. Lord, III, in United States ex rel. Smith v. Brierly, April 14, 1967, 267 F.Supp. 274 (E.D.Pa.), the writ...

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