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UNITED STATES EX REL. LINDE v. BRIERLEY

No. 18228.

437 F.2d 324 (1970)

UNITED STATES of America ex rel. Elmer Carl LINDE, Appellant, v. Joseph R. BRIERLEY, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided December 23, 1970.

Attorney(s) appearing for the Case

Elmer Carl Linde, pro se.

Joseph M. Loughran, Dist. Atty., Greensburg, Pa. (John N. Scales, Dist. Atty., Gilfert M. Mihalich, Henry A. Martin, Asst. Dist. Attys., Westmoreland County, Greensburg, Pa., on the brief), for appellee.

Before GANEY, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This appeal is taken from a July 30, 1969, District Court order denying the indigent relator's petition for a writ of habeas corpus alleging a denial of the right to appeal due to lack of counsel.1

Relator was convicted of murder, after trial to a jury in the Court of Oyer and Terminer of Westmoreland County, Pa., and, upon dismissal of his motion

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