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UNITED STATES EX REL. BOOKER v. JOHNSON

No. 73-1066.

488 F.2d 229 (1973)

UNITED STATES ex rel. Vaughan BOOKER H-9095, Appellant, v. Robert JOHNSON, Superintendent, State Correctional Institution at Graterford.

United States Court of Appeals, Third Circuit.

Decided September 28, 1973.

Attorney(s) appearing for the Case

David Kairys, Kairys & Rudovsky, Philadelphia, Pa., for appellant.

Arlen Specter, Dist. Atty., Judith Dean, Asst. Dist. Atty., Philadelphia, Pa., for appellee.

Before VAN DUSEN, GIBBONS and ROSENN, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

Petitioner Booker appeals from the July 31, 1972 district court order which denied his petition for habeas corpus without a hearing. We affirm the order of the district court.

Booker is imprisoned for the murder of his wife. He pleaded guilty generally to this murder, and the three-judge court which accepted his plea determined, after a trial on the degree of guilt, that the murder was first degree....

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