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UNITED STATES EX REL. KENT v. MARONEY

No. 18079.

435 F.2d 1020 (1970)

UNITED STATES of America ex rel. Donald KENT, Appellant, v. James F. MARONEY, Superintendent, State Correctional Institution, Pittsburgh, Pa.

United States Court of Appeals, Third Circuit.

Decided December 23, 1970.

Attorney(s) appearing for the Case

Donald Kent, pro se.

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

Before BIGGS, ALDISERT and STAHL, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

The relator-appellant Kent was tried by the Commonwealth of Pennsylvania by a jury and was convicted of aggravated robbery and rape. He was sentenced on January 17, 1962. He took no appeal but filed a petition for a writ of habeas corpus in the Court of Common Pleas of Philadelphia County. His petition was denied without a hearing. The judgment of the Court of Common Pleas was affirmed by the Superior Court of Pennsylvania...

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