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UNITED STATES v. RUSSELL

No. 16104.

371 F.2d 549 (1967)

UNITED STATES of America ex rel. Abe Jacob PLETCHER, Appellant, v. Harry E. RUSSELL, Superintendent State Correctional Institution, Huntingdon, Pennsylvania, Appellee.

United States Court of Appeals Third Circuit.

Decided January 16, 1967.

Attorney(s) appearing for the Case

Abe Jacob Pletcher, pro se.

Frank B. Warfel, Dist. Atty., Hollidaysburg, Pa., for appellee.

Before McLAUGHLIN, SMITH and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

Appellant, a Commonwealth of Pennsylvania prisoner, on August 23, 1963, was convicted on plea of guilty to the offense of prison breach. Eventually he applied to the United States District Court for the Middle District of Pennsylvania for a Writ of Habeas Corpus. He frankly admits he had a hearing on this on August 6, 1965. He states that he attended "but for various reasons he was unable to secure witnesses or their deposition...

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