UNITED STATES EX REL. BROWN v. HENDRICK

No. 18078.

431 F.2d 436 (1970)

UNITED STATES of America ex rel. Samuel BROWN, Appellant, v. Mr. Edward J. HENDRICK, Supt. of Phila. Prison, Appellee.

United States Court of Appeals, Third Circuit.

Decided September 22, 1970.

Rehearing Denied October 23, 1970.


Attorney(s) appearing for the Case

Barry E. Ungar, Goodis, Greenfield, Narin & Mann, Philadelphia, Pa., for appellant.

James D. Crawford, Asst. Dist. Atty., Deborah E. Glass, Asst. Dist. Atty., Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa., for the appellee.

Before WINTER, ALDISERT and GIBBONS, Circuit Judges.


OPINION OF THE COURT

WINTER, Circuit Judge.

On a claim that his conviction of rape violated the constitutional guarantee against double jeopardy because he had previously been convicted of open lewdness, petitioner seeks to have us direct that he be awarded a writ of habeas corpus. The writ was denied by the district judge, and this appeal ensued. We affirm.

I

On July 14, 1966, a police officer responded to a call from an apartment house...

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