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UNITED STATES EX REL. MATTHEWS v. JOHNSON

No. 73-1424.

503 F.2d 339 (1974)

UNITED STATES of America ex rel. William MATTHEWS v. Robert L. JOHNSON, Superintendent, District Attorney of Philadelphia. Appeal of COMMONWEALTH OF PENNSYLVANIA.

United States Court of Appeals, Third Circuit.

Submitted May 15, 1974.

Decided August 15, 1974.

Attorney(s) appearing for the Case

Judith Dean, Asst. Dist. Atty., Philadelphia, Pa. Milton M. Stein, Asst. Dist. Atty., Chief, Appeals Div., Richard A. Sprague, First Asst. Dist. Atty., Philadelphia, Pa., for appellant.

Abraham J. Brem Levy, Philadelphia, Pa., for appellee.

Before SEITZ, Chief Judge, and KALODNER, VAN DUSEN, ALDISERT, ADAMS, GIBBONS, ROSENN, HUNTER, WEIS and GARTH, Circuit Judges.

Submitted En Banc Under Third Circuit Rule 12(6) May 15, 1974.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This court is required to resolve a knotty Fourteenth Amendment problem in Pennsylvania murder trials which has evenly divided the justices on that state's highest court.1 We are to decide whether, in a prosecution on a murder indictment, the Fourteenth Amendment requires the trial court, upon request, to give...

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