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UNITED STATES EX REL. McCOWIN v. POWELL

No. 1441.

345 F.Supp. 149 (1972)

UNITED STATES of America ex rel. Albert Leroy McCOWIN v. Mr. E. A. POWELL, Superintendent, State Correctional Institution, Huntingdon, Pa.

United States District Court, M. D. Pennsylvania.

July 6, 1972.

Attorney(s) appearing for the Case

Stewart L. Kurtz, Huntingdon, Pa., for petitioner.

Samuel K. Gates, York, Pa., for respondent.

OPINION

MUIR, District Judge.

On May 11, 1967, a jury in the Court of Quarter Sessions of York County, Pennsylvania found Albert Leroy McCowin guilty of rape. McCowin has filed in this Court a petition for a writ of habeas corpus. He seeks to have his conviction for rape voided on the grounds that the pre-trial identification proceeding and the trial judge's charge violated his constitutional rights. His petition will be denied.

In support of the...

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