ROSS v. MARONEY

No. 15400.

372 F.2d 53 (1967)

Bernard ROSS, Appellant, v. James F. MARONEY, Superintendent of the Correctional Institution at Pittsburgh.

United States Court of Appeals Third Circuit.

Reargued December 21, 1966.

Decided January 24, 1967.


Attorney(s) appearing for the Case

Thomas A. Harper, Pittsburgh, Pa., for appellant.

Edwin J. Martin, Asst. Dist. Atty., Pittsburgh, Pa. (Robert W. Duggan, Dist. Atty. of Allegheny County, Pittsburgh, Pa., on the brief), for appellee.

Before STALEY, Chief Judge, and McLAUGHLIN, KALODNER, HASTIE, FORMAN, GANEY, SMITH, FREEDMAN and SEITZ, Circuit Judges.


OPINION OF THE COURT

GANEY, Circuit Judge.

This is an appeal from the denial of a petition for a writ of habeas corpus by the United States District Court for the Western District of Pennsylvania.

The sole question involved, having any merit, is whether or not the admission of testimony on behalf of the Commonwealth, showing that the defendant committed another homicide at the time he committed the instant one, the shootings being in rapid succession...

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