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UNITED STATES EX REL. CHOICE v. BRIERLEY

No. 71-1317.

460 F.2d 68 (1972)

UNITED STATES of America ex rel. Mackey Raymond CHOICE, Appellant, v. Joseph R. BRIERLEY, Superintendent and District Attorney of Philadelphia County.

United States Court of Appeals, Third Circuit.

Decided May 19, 1972.

Attorney(s) appearing for the Case

Francis S. Wright, Jr., Defender Assn. of Philadelphia, Philadelphia, Pa., for appellant.

Mark Sendrow, Asst. Dist. Atty., Milton M. Stein, Asst. Dist. Atty., Chief, Appeals Div., James D. Crawford, Deputy Dist. Atty. for Law, Richard A. Sprague, First Asst. Dist. Atty., Arlen Specter, Dist. Atty., Philadelphia, Pa., for appellee.

Before ADAMS, GIBBONS and JAMES ROSEN, Circuit Judges.

OPINION OF THE COURT

JAMES ROSEN, Circuit Judge.

More than $38,000, was stolen from the Citizens and Southern Bank of Philadelphia on September 22, 1965. Appellant Mackey Choice was arrested for the theft, and was indicted on counts of aggravated robbery, burglary, and conspiracy. His trial before the Quarter Sessions Court of Pennsylvania resulted in his conviction on June 22, 1966 on all three counts.1 A ten to twenty year...

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