UNITED STATES EX REL. BARBRY v. RUNDLE

Misc. No. 69-380.

308 F.Supp. 628 (1970)

UNITED STATES ex rel. Ernest BARBRY v. Alfred T. RUNDLE, Supt.

United States District Court E. D. Pennsylvania.

January 22, 1970.


Attorney(s) appearing for the Case

Geoffrey A. Wilson, for petitioner.

Joseph J. Musto, Asst. Dist. Atty., for respondent.


OPINION

HIGGINBOTHAM, District Judge.

Relator's petition for writ of habeas corpus is bottomed on two legal arguments, which he contends entitle him to a new trial on bill 824 of December Sessions, 1965, Court of Quarter Sessions, Philadelphia County. Relator was first tried on indictment No. 824, charging rape, and lesser included offenses, in April of 1966, and a mistrial resulted when the jury could not reach a verdict. The Commonwealth renewed its prosecution...

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