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UNITED STATES v. BRIERLEY

No. 16698.

387 F.2d 127 (1967)

UNITED STATES of America ex rel. Hercules BUTLER, Appellant, v. Joseph R. BRIERLEY, Superintendent, State Correctional Institution, Philadelphia, Pennsylvania, Appellee.

United States Court of Appeals Third Circuit.

Decided December 22, 1967.

Attorney(s) appearing for the Case

Hercules Butler, pro se.

William H. Lamb, Asst. Dist. Atty., A. Alfred Delduco, Dist. Atty., Chester County, West Chester, Pa., for appellee.

Before MARIS, KALODNER and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Appellant was convicted in the Pennsylvania State Court of burglary and first degree murder and is serving a life sentence. Conviction was affirmed by the state appellate courts. Thereafter he sought a writ of habeas corpus in the district court which, after hearing, remanded the matter to the state court to conduct a hearing on appellant's primary complaint, namely, that he was convicted on the basis of a confession not...

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