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UNITED STATES EX REL. CHEEKS v. RUSSELL

No. 17609.

424 F.2d 647 (1970)

UNITED STATES of America ex rel. Bernard CHEEKS, H-4596, Appellant, v. Harry RUSSELL, Warden of S. C. I. H.

United States Court of Appeals, Third Circuit.

Submitted on Briefs September 4, 1969.

Decided March 26, 1970.

Attorney(s) appearing for the Case

John W. Packel, Philadelphia, Pa., for appellant.

Joseph J. Musto, Asst. Dist. Atty. (James D. Crawford, Asst. Dist. Atty., Chief, Appeals Division, Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, FREEDMAN and STAHL, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

The appellant Cheeks was convicted of stabbing Jo Henry Howell in the course of a robbery committed on October 11, 1963 in Philadelphia. Howell died seven days later.1 Cheeks had among his alleged accomplices Beard,2 Smith and Dyson. These three accomplices were taken into custody by the Philadelphia police on or...

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