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UNITED STATES v. BRIERLY

Misc. No. 3460.

267 F.Supp. 274 (1967)

UNITED STATES of America ex rel. Frank SMITH v. Joseph R. BRIERLY, Superintendent.

United States District Court E. D. Pennsylvania.

April 14, 1967.

Attorney(s) appearing for the Case

Robert J. Sugarman, Court-appointed, Philadelphia, Pa., for relator.

Charles A. Haddad, Asst. Dist. Atty., Philadelphia, Pa., for respondents.

OPINION

JOSEPH S. LORD, III, District Judge.

Relator petitions for habeas corpus, alleging, inter alia, that he was unconstitutionally prejudiced by the use of "tacit admissions" against him at trial as well as by certain remarks of the trial judge made in the course of the charge. We have concluded that the writ must be granted.

I.

Relator and two co-conspirators, Young and Collins,...

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