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UNITED STATES EX REL. BEARD v. RUNDLE

No. 18810.

434 F.2d 588 (1970)

UNITED STATES of America ex rel. Malachi BEARD, Jr. v. Alfred T. RUNDLE, Supt., Appellant.

United States Court of Appeals, Third Circuit.

Decided December 4, 1970.

Attorney(s) appearing for the Case

Vram Nedurian, Asst. Dist. Atty., Appeals Div. (Stephen J. McEwen, Jr., Dist. Atty., on the brief), for appellant.

Jacob P. Hart, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellee.

Before GANEY, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Finding that defendant was indigent following conviction, and that he did not know, and was not told by his privately retained attorney, of the right to appointed counsel on appeal, the district court granted a writ of habeas corpus. The Commonwealth has appealed, urging reversal on the basis of our recent decision in United States ex rel. O'Brien v. Maroney,

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