UNITED STATES EX REL. HARDING v. MARKS

No. 76-1053.

541 F.2d 402 (1976)

UNITED STATES of America ex rel. Solomon HARDING v. Ronald MARKS, Superintendent, District Attorney, Phila. Court. Appeal of the COMMONWEALTH OF PENNSYLVANIA.

United States Court of Appeals, Third Circuit.

Decided August 27, 1976.


Attorney(s) appearing for the Case

John H. Lewis, Jr., Philadelphia, Pa., for Solomon Harding; Morgan, Lewis & Bockius, Philadelphia, Pa., of counsel.

Bonnie Brigance Leadbetter, Asst. Dist. Atty., Steven Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Abraham J. Gafni, Deputy Dist. Atty., F. Emmett Fitzpatrick, Dist. Atty., Philadelphia, Pa., for appellant.

Before ADAMS, HUNTER and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

A rape victim's statement that her assailant wore a blue knit cap was countered by the accused's testimony that he never wore hats. The ease with which a person may don a cap led the state trial judge to disparage that phase of the defense in terms which the federal district court thought so prejudicial as to require habeas corpus relief. After our own review of the complete trial record, we disagree with the district...

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