UNITED STATES v. MARONEY

Civ. A. No. 67-182.

275 F.Supp. 435 (1967)

UNITED STATES of America ex rel. James E. KERN v. James F. MARONEY, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania.

United States District Court W. D. Pennsylvania.

November 2, 1967.


Attorney(s) appearing for the Case

Roger Curran, Pittsburgh, Pa., for petitioner.

Thomas P. Ruane, Jr., First Asst. Dist. Atty., Uniontown, Pa., for respondent.


OPINION AND ORDER

MARSH, District Judge.

The relator, James E. Kern, has petitioned in forma pauperis for a writ of habeas corpus. In Fayette County, Pennsylvania, he was indicted for murder jointly with Robert E. Dillinger,—both pleaded guilty generally. Following the hearing to fix the degree of guilt, the court on April 17, 1964 found Kern guilty of murder in the first degree and Dillinger guilty of murder in the second degree. On the same day...

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