UNITED STATES v. CASE

Misc. No. 3876.

283 F.Supp. 744 (1968)

UNITED STATES of America ex rel. John J. LOWRY v. John D. CASE, Warden.

United States District Court E. D. Pennsylvania.

May 1, 1968.


Attorney(s) appearing for the Case

Robert J. Hastings, Doylestown, Pa., Anthony A. Mandio, Bristol, Pa., for petitioner.

Ward F. Clark, Dist. Atty., John J. Collins, Asst. Dist. Atty., Doylestown, Pa., for respondent.


OPINION

JOSEPH S. LORD, III, District Judge.

John Lowry, convicted of first degree felony murder in 1951, is before me on two petitions: one entitled "Petition for Writ of Supercedes"1 and the other for habeas corpus.

On June 14, 1965, I entered an Order granting an earlier habeas petition. I stayed the issuance of the writ for sixty days in order to permit the Commonwealth to retry relator or to seek appellate review...

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