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UNITED STATES EX REL. HENDERSON v. MAZURKIEWICZ

No. 18485.

443 F.2d 1135 (1971)

UNITED STATES of America ex rel. Edward HENDERSON (H-6460), Appellee, v. Joseph MAZURKIEWICZ, Director. Appeal of COMMONWEALTH OF PENNSYLVANIA.

United States Court of Appeals, Third Circuit.

Decided June 8, 1971.

Attorney(s) appearing for the Case

Stewart J. Greenleaf, Asst. Dist. Atty., Norristown, Pa. (Paul W. Tressler, Asst. Dist. Atty., Parker H. Wilson, First Asst. Dist. Atty., Milton O. Moss, Dist. Atty., Norristown, Pa., on the brief), for appellant.

H. David Prior, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for appellee.

Before BIGGS and KALODNER, Circuit Judges, and WHIPPLE, District Judge.

OPINION OF THE COURT

PER CURIAM:

The court below 312 F.Supp. 576, granted habeas corpus relief to the appellee, relator, Edward Henderson, who is confined to a correctional institution at Philadelphia. A one to ten year sentence had been imposed in the County of Montgomery, charging burglary, larceny and conspiracy to commit burglary.

The District Court granted the petition of Henderson because the search warrant...

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