UNITED STATES EX REL. OLIVER v. RUNDLE

No. 17924.

417 F.2d 305 (1969)

UNITED STATES of America ex rel. John OLIVER, Appellant, v. Alfred T. RUNDLE, Superintendent, State Correctional Institution, Graterford, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided October 24, 1969.


Attorney(s) appearing for the Case

Benjamin Lerner, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for appellant.

James D. Crawford, Asst. Dist. Atty., Philadelphia, Pa. (Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, FORMAN and ALDISERT, Circuit Judges.


OPINION OF THE COURT

PER CURIAM.

Presented here is a Sixth Amendment confrontation question which arose when a witness for the Commonwealth was not available to testify and the transcript of his testimony given at a previous judicial proceeding was read to the jury as evidence. After the jury found appellant guilty of rape and burglary, he unsuccessfully appealed his conviction to the Superior Court of Pennsylvania. A petition for habeas corpus in the district...

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