UNITED STATES EX REL. KELLY v. MARONEY

No. 17256.

414 F.2d 1228 (1969)

UNITED STATES of America ex rel. Dennis P. KELLY, Appellant, v. James F. MARONEY, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided August 6, 1969.

As Amended and Rehearing Denied September 9, 1969.


Attorney(s) appearing for the Case

Dennis P. Kelly pro se.

John H. Brydon, Dist. Atty. of Butler County, Robert F. Hawk, Asst. Dist. Atty., Butler, Pa., for appellee.

Before BIGGS, FREEDMAN and STAHL, Circuit Judges.


OPINION OF THE COURT

STAHL, Circuit Judge.

This is an appeal from an order of the district court dismissing without an evidentiary hearing appellant's petition for a writ of habeas corpus on the ground that state remedies had not been exhausted. The facts relevant to the present appeal are briefly as follows:

On April 28, 1966, while incarcerated in Butler County pending imposition of sentence on charges of issuing worthless checks, appellant, who...

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