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UNITED STATES v. RUNDLE

No. 15136.

387 F.2d 137 (1967)

UNITED STATES of America ex rel. James Morris JOHNSON v. Alfred T. RUNDLE, Superintendent, State Correctional Institution, Appellant.

United States Court of Appeals Third Circuit.

Reargued December 4, 1967.

Decided December 11, 1967.

Attorney(s) appearing for the Case

Richard A. Devlin, Asst. Dist. Atty., Montgomery County, Norristown, Pa., (Richard S. Lowe, Dist. Atty., Montgomery County, Norristown, Pa., on the brief), for appellant.

Daniel L. Quinlan, Jr., Quinlan, Torak & DeYoung, Norristown, Pa., for appellee.

Before MARIS, KALODNER and SEITZ, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

Following the original argument of this case this court affirmed, 349 F.2d 416, the order of the district court, 243 F.Supp. 695, granting the relator's petition for a writ of habeas corpus. The action of the district court was based upon its conclusion that the introduction of the relator's prior criminal record into evidence in his criminal trial in...

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