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UNITED STATES EX REL. SPEARS v. JOHNSON

No. 71-1766.

463 F.2d 1024 (1972)

UNITED STATES ex rel. George L. SPEARS H-7506 v. Robert L. JOHNSON, Supt. State Correctional at Graterford, Appellant.

United States Court of Appeals, Third Circuit.

Decided June 23, 1972.

Attorney(s) appearing for the Case

James D. Crawford, Deputy Dist. Atty., Philadelphia, Pa., for appellant.

John W. Packel, Defender Association of Philadelphia, Philadelphia, Pa., for appellee.

Before VAN DUSEN, GIBBONS and JAMES ROSEN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

The Commonwealth of Pennsylvania appeals from a district court order granting George L. Spears' petition for writ of habeas corpus without hearing.1 The district court found that the state judge before whom Spears was tried had prevented Spears' counsel from making a summation to the court sitting without a jury and held that this procedure constituted a denial of due process of...

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