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UNITED STATES EX REL. METZ v. MARONEY

No. 16983.

404 F.2d 233 (1968)

UNITED STATES of America ex rel. Roy James METZ v. James F. MARONEY, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania, Appellant.

United States Court of Appeals Third Circuit.

Decided November 15, 1968.

Rehearing Denied December 20, 1968.

Certiorari Denied April 1, 1969.

Attorney(s) appearing for the Case

Charles B. Watkins, Asst. Dist. Atty., of Allegheny County, Pittsburgh, Pa. (Robert W. Duggan, Dist. Atty. of Allegheny County, Edwin J. Martin, Asst. Dist. Atty., Pittsburgh, Pa., on the brief), for appellant.

Joseph I. Lewis, Pittsburgh, Pa., for appellee.

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

Certiorari Denied April 1, 1969. See 89 S.Ct. 1287.

HASTIE, Chief Judge.

This is an appeal by the State of Pennsylvania from a judgment of a district court granting habeas corpus to Roy Metz, a state prisoner serving a life term for the murder of his wife. In granting the writ, the district court concluded that the course followed by the state trial court in requiring the accused to stand trial after the court, on its own initiative, had set aside a guilty...

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