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UNITED STATES EX REL. LOWERY v. RUNDLE

Civ. A. No. 71-401.

326 F.Supp. 821 (1971)

UNITED STATES of America ex rel. Douglas LOWERY v. Alfred T. RUNDLE, Superintendent, State Correctional Institution, Graterford, Pa.

United States District Court, E. D. Pennsylvania.

May 24, 1971.

Attorney(s) appearing for the Case

Douglas Lowery, pro se.

Arlen Specter, Dist. Atty., Philadelphia County, Philadelphia, Pa., for respondent.

OPINION AND ORDER

EDWARD R. BECKER, District Judge.

On February 19, 1971, relator, a state prisoner serving a life sentence following his conviction for murder in the first degree in the Court of Quarter Sessions of Philadelphia County, filed a petition for a writ of habeas corpus alleging that his right to remain silent under the fifth amendment, as applied to the states through the fourteenth amendment [Malloy v. Hogan, 378 U.S. 1

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