UNITED STATES EX REL. SPEAKS v. BRIERLEY

No. 17676.

417 F.2d 597 (1969)

UNITED STATES of America ex rel. Heyward SPEAKS v. Joseph R. BRIERLEY, Superintendent, State Correctional Institution, Philadelphia, Pennsylvania 19130, Appellant.

United States Court of Appeals Third Circuit.

Decided October 29, 1969.


Attorney(s) appearing for the Case

Joseph J. Musto, Asst. Dist. Atty., Philadelphia, Pa., James D. Crawford, Asst. Dist. Atty., Chief, Appeals Division, Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa., for appellant.

E. Barclay Cale, Jr., Morgan, Lewis & Bockius, Philadelphia, Pa., for appellee.

Before BIGGS, KALODNER and FREEDMAN, Circuit Judges.


OPINION OF THE COURT

FREEDMAN, Circuit Judge.

The issue in this habeas corpus case arises from a difference between the district court and the Pennsylvania courts in the construction of the language of a criminal sentence and the method of determining it.

The issue requires a statement of the facts.

I.

Petitioner was found guilty on November 25, 1958, in a Philadelphia criminal court on...

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