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UNITED STATES v. MARONEY

No. 17077.

396 F.2d 802 (1968)

UNITED STATES of America ex rel. Edward John NOWAKOWSKI, Appellant, v. James F. MARONEY, Superintendent, State Correctional Institution.

United States Court of Appeals Third Circuit.

Decided June 21, 1968.

Attorney(s) appearing for the Case

Patrick T. Ryan, Drinker, Biddle & Reath, Philadelphia, Pa., for appellant.

William D. Pfadt, Dist. Atty., James R. Dailey, Asst. Dist. Atty., Erie County, Erie, Pa., for appellee.

Before HASTIE, Chief Judge, and KALODNER and STALEY, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

The terms of the Supreme Court's remand of this habeas corpus proceeding to us make it seem appropriate that we now decide this appeal on its merits, 386 U.S. 542, 87 S.Ct. 1197, 18 L.Ed.2d 282, despite a serious question of appellate jurisdiction that is presented by the record.1

The appellant's principal contention is that his now challenged state conviction...

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