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UNITED STATES EX REL. HOWARD v. RUSSELL

No. 17304.

405 F.2d 169 (1969)

UNITED STATES of America ex rel. Stanley HOWARD, Appellant, v. Harry E. RUSSELL, Superintendent, State Correctional Institution, Huntingdon, Pa.

United States Court of Appeals Third Circuit.

Decided January 7, 1969.

Attorney(s) appearing for the Case

H. David Rothman, Neighborhood Legal Services Association, Pittsburgh, Pa., for appellant.

Charles B. Watkins, Asst. Dist. Atty., County of Allegheny, Pittsburgh, Pa. (Robert W. Duggan, Dist. Atty. of Allegheny County, Carol Mary Los, Asst. Dist. Atty., Pittsburgh, Pa., on the brief), for appellee.

Before KALODNER, FORMAN and FREEDMAN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

In the instant case, the relator Howard killed an instructor in the State Correctional Institution at Pittsburgh, Pennsylvania, on November 12, 1965. Following his entry of a plea of guilty generally to a murder indictment, he was adjudged guilty of murder in the first degree by a Pennsylvania court and sentenced to death. He appealed to the Supreme Court of Pennsylvania, contending, inter alia, (1) he had a history...

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