UNITED STATES v. BRIERLY

No. 16763.

387 F.2d 597 (1967)

UNITED STATES of America ex rel. Ralph STAINO, Jr., H-4329 v. Joseph R. BRIERLY, Superintendent, State Correctional Institution, Philadelphia, Pennsylvania 19130, Appellant.

United States Court of Appeals Third Circuit.

Decided December 29, 1967.


Attorney(s) appearing for the Case

William D. Hutchinson, Asst. Dist. Atty., County of Schuylkill, Pottsville, Pa. (R. B. Russell, Dist. Atty., Pottsville, Pa., on the brief), for appellant.

John Patrick Walsh, Philadelphia, Pa. (David N. Savitt, Philadelphia, Pa., on the brief), for appellee.

Before HASTIE, FREEDMAN and VAN DUSEN, Circuit Judges.


OPINION OF THE COURT

HASTIE, Circuit Judge.

On this appeal by the Commonwealth of Pennsylvania from an order of a district court granting habeas corpus to Ralph Staino, a state prisoner serving a term for burglary and larceny, we consider whether the procedures, including the use of a so-called "tacit admission", employed by the state in obtaining the conviction deprived Staino of his liberty without due process of law.

The crime charged was a burglary...

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