UNITED STATES EX REL. LANIEWSKI v. COMMONWEALTH OF PA.

No. 17255.

405 F.2d 883 (1969)

UNITED STATES of America ex rel. Frank Michael LANIEWSKI, Appellant, v. COMMONWEALTH OF PENNSYLVANIA and Peter Suder, Warden of Beaver County Jail.

United States Court of Appeals Third Circuit.

Decided January 15, 1969.


Attorney(s) appearing for the Case

Louis C. Glasso, Pittsburgh, Pa., John J. Hudacsek, Jr., Hudacsek & Lewis, Beaver Falls, Pa., for appellant.

John G. Good, Jr., Dist. Atty., of Beaver County, James C. Tosh, Asst. Dist. Atty., of Beaver County, Beaver, Pa., for appellee.

Before GANEY, FREEDMAN and SEITZ, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.

This is an appeal from the denial by the court below of an application for a writ of habeas corpus. Although the record and the briefs, as well as the courts below, refer to a search warrant having been issued, the appendix and the record show only that a warrant of arrest had issued. However, upon diligent inquiry it was found in a deposition of the Assistant District Attorney of Beaver County, Pennsylvania, and later confirmed...

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