UNITED STATES EX REL. BROWN v. RUSSELL

Misc. No. 69-145.

317 F.Supp. 136 (1970)

UNITED STATES of America ex rel. Russell BROWN v. Harry E. RUSSELL, Superintendent, State Correctional Institution, Huntingdon, Pennsylvania.

United States District Court, E. D. Pennsylvania.

September 21, 1970.


Attorney(s) appearing for the Case

Professor Donald Dowd, Villanova University School of Law, Villanova, Pa., for relator.

David Richman, Asst. Dist. Atty., Philadelphia, Pa., for respondent.


OPINION

MASTERSON, District Judge.

In this habeas corpus petition relator seeks relief on the ground that he was denied a fair trial because of the trial judge's allegedly prejudicial comments on the evidence during the trial and in his charge to the jury.

Relator was tried in the Philadelphia Court of Quarter Sessions on May 3, 1966, before the Honorable Maurice W. Sporkin for rape and sodomy and was convicted by a jury. Relator then filed a Motion...

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