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BOTTONE v. FECONDA

No. 16422.

382 F.2d 1022 (1967)

Samuel BOTTONE v. Joseph FECONDA, Warden of Washington County Jail, Washington, Washington County, Pennsylvania, Appellant.

United States Court of Appeals Third Circuit.

Decided October 23, 1967.

Attorney(s) appearing for the Case

Arnold W. Hirsch, First Asst. Dist. Atty., Washington, Pa. (Harold V. Fergus, Dist. Atty., Washington County, Washington, Pa., on the brief), for appellant.

Samuel J. Reich, Cooper, Goodman & Schwartz, Pittsburgh, Pa. (Melvin Schwartz, Pittsburgh, Pa., Sigmund S. Bloom, Washington, Pa., on the brief), for appellee.

Before McLAUGHLIN, HASTIE and FORMAN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

A collateral attack upon the appellee's conviction in a state court on charges of attempted rape and attempted incest resulted in the granting of habeas corpus with appropriate provision permitting the retention of state custody for a new trial. On this appeal from that judgment we are satisfied, for the reasons stated in the opinion of the district court, that the accused did not have the effective representation of counsel...

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