UNITED STATES v. RUSSELL

No. 71-1146.

455 F.2d 464 (1972)

UNITED STATES of America ex rel. Russell BROWN H-6127, Appellant, v. Harry E. RUSSELL, Superintendent, State Correctional Institution, Huntingdon, Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided February 10, 1972.


Attorney(s) appearing for the Case

Donald W. Dowd, Villanova, Pa., for appellant.

David Richman, Asst. Dist. Atty., Philadelphia, Pa., for appellee.

Before ADAMS and JAMES ROSEN, Circuit Judges, and STAPLETON, District Judge.


OPINION OF THE COURT

PER CURIAM:

The habeas corpus petitioner, Brown, was tried for rape and sodomy in Philadelphia in 1966. A jury convicted him, and on January 19, 1967, a sentence of five to seventeen years was imposed. Direct appeal in the Pennsylvania courts led to a per curiam affirmance in the Superior Court, Commonwealth v. Brown, 210 Pa.Super. 733, 231 A.2d 332 (1967), and a denial of allocatur in the Supreme...

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