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UNITED STATES v. MYERS

No. 16287.

381 F.2d 814 (1967)

UNITED STATES of America ex rel. Louis E. BENNETT, Appellant, v. David N. MYERS, Superintendent.

United States Court of Appeals Third Circuit.

Decided July 27, 1967.

Attorney(s) appearing for the Case

Robert Alan Lukens, Michael Churchill, Fred B. Lovitch, Philadelphia, Pa., for appellant.

Gordon Gelfond, Asst. Dist. Atty., Philadelphia, Pa. (Alan J. Davis, Asst. Dist. Atty., Chief, Appeals Division, Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa., on the brief), for appellee.

Before SMITH and FREEDMAN, Circuit Judges, and WORTENDYKE, District Judge.

OPINION OF THE COURT

FREEDMAN, Circuit Judge.

Relator, after exhausting his state remedies, applied for a writ of habeas corpus in the district court. After an evidentiary hearing the district judge denied the petition1 but granted a certificate of probable cause under 28 U.S.C. § 2253.

Relator was charged in the Philadelphia Court of Quarter Sessions with separate acts of aggravated robbery in four bills of indictment...

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