UNITED STATES EX REL. PHELAN v. BRIERLEY

Misc. No. 4108.

312 F.Supp. 350 (1970)

UNITED STATES of America ex rel. Frank PHELAN v. Joseph R. BRIERLEY, Warden.

United States District Court, E. D. Pennsylvania.

March 31, 1970.


Attorney(s) appearing for the Case

Abraham J. Brem Levy, John A. Papola, Philadelphia, Pa., for relator.

Richard A. Sprague, First Asst. Dist. Atty., Philadelphia, Pa., for respondent.


OPINION

LUONGO, District Judge.

In this petition for writ of habeas corpus, Frank Phelan, a state prisoner, attacks his convictions for first degree murder and conspiracy to murder on Indictment Nos. 468-71, August Sessions, 1964, Court of Quarter Sessions, County of Philadelphia.

Briefly summarized, the facts are as follows:

On July 26, 1964, Phelan was arrested on charges of murder and conspiracy to murder in the shooting deaths of Judith...

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