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UNITED STATES EX REL. TATE v. POWELL

Civ. A. No. 70-3532.

325 F.Supp. 333 (1971)

UNITED STATES of America ex rel. Otis TATE v. Eugene A. POWELL, Superintendent, State Correctional Institution, Huntington, Pennsylvania.

United States District Court, E. D. Pennsylvania.

April 12, 1971.

Attorney(s) appearing for the Case

Otis Tate, pro se.

Arlen Specter, Dist. Atty., T. Michael Mather, Asst. Dist. Atty., Philadelphia, Pa., for respondent.

OPINION

JOSEPH S. LORD, III, District Judge.

Relator here seeks a writ of habeas corpus. He alleges denial of due process of law by virtue of (a) the application of the M'Naghten Rule as the test for insanity by the courts of Pennsylvania; (b) the application of a burden of proof requiring defendant to establish his insanity by a preponderance of evidence, and (c) the trial court's conclusion (non-jury) that...

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