UNITED STATES EX REL. PAYTON v. RUNDLE

No. 72-1301.

472 F.2d 36 (1972)

UNITED STATES of America ex rel. Harold PAYTON v. Alfred T. RUNDLE, Superintendent, State Correctional Institution, Graterford, Pennsylvania. Appeal of COMMONWEALTH OF PENNSYLVANIA.

United States Court of Appeals, Third Circuit.

Decided December 21, 1972.


Attorney(s) appearing for the Case

Marion E. MacIntyre, Deputy Dist. Atty., Harrisburg, Pa., for appellant.

Frederick W. Andrews, Pannebaker, Andrews & Yost, Harrisburg, Pa., for appellee.

Before ADAMS and MAX ROSENN, Circuit Judges and GREEN, District Judge.


OPINION OF THE COURT

MAX ROSENN, Circuit Judge.

This is an appeal by the Commonwealth from an order granting a petition for a writ of habeas corpus in the United States District Court for the Middle District of Pennsylvania. Appellee, state prisoner Harold Payton, claims that he has not waived his right to assert in a collateral proceeding the failure of the trial court in which he was convicted to inform him of a right to free counsel to prosecute an appeal...

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