OPINION OF THE COURT
SEITZ, Chief Judge.
This case is before us on appeal from the district court's denial of a petition for habeas corpus relief based on the Double Jeopardy provision of the 5th Amendment.
On March 18, 1961, appellant (hereafter "defendant") was convicted in the Pennsylvania Court of Common Pleas of the murder of his wife. In state post conviction proceedings, the Pennsylvania Supreme Court, on October 4, 1972, reversed defendant...
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