UNITED STATES EX REL. CUNNINGHAM v. MARONEY

No. 17191.

397 F.2d 724 (1968)

UNITED STATES of America ex rel. John CUNNINGHAM, Appellant, v. James F. MARONEY, Warden, State Correctional Institution, Pittsburgh, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided July 5, 1968.


Attorney(s) appearing for the Case

John Cunningham, pro se.

Robert W. Duggan, Dist. Atty., Allegheny County, Pittsburgh, Pa. (Charles B. Watkins, Asst. Dist. Atty., Pittsburgh, Pa., on the brief), for appellee.

Before McLAUGHLIN, STALEY and SEITZ, Circuit Judges


OPINION OF THE COURT

PER CURIAM.

We accept this proceeding of appellant as his appeal from the denial of his application for habeas corpus in the District Court.

The cause arises out of a Commonwealth of Pennsylvania conviction of appellant on June 28, 1963 for second degree murder. The conviction facts indicate that appellant drove his brother and William Lowery to a secluded spot. By prearrangement the later victim, Brodie Lipscomb, followed them...

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