UNITED STATES EX REL. BROGAN v. MYERS

No. 16111.

370 F.2d 331 (1967)

UNITED STATES of America ex rel. Earl BROGAN, Appellant, v. David N. MYERS, Superintendent, State Correctional Institution at Graterford, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided January 9, 1967.


Attorney(s) appearing for the Case

Earl A. Brogan, pro se.

Michael J. Rotko, Arlen Specter, Dist. Attys., Philadelphia, Pa. (Alan J. Davis, Philadelphia, Pa., Asst. Dist. Atty., Chief, Appeals Division, on the brief), for appellee.

Before STALEY, Chief Judge, and McLAUGHLIN and FORMAN, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.

In this petition for a writ of habeas corpus based on a Commonwealth of Pennsylvania conviction for aggravated robbery, there was an evidentiary hearing in the district court before Judge Allan Grim, since deceased. At that time petitioner was represented by two attorneys and testified. After Judge Grim's death prior to formal decision, the matter was assigned to Judge Higginbotham. The latter "read with care" the record...

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