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UNITED STATES EX REL. WILCOX v. JOHNSON

No. 76-2091.

555 F.2d 115 (1977)

UNITED STATES of America ex rel. Norman WILCOX H-5413 v. R. JOHNSON, Supt. of S.C.I.G., Graterford, Pennsylvania. Appeal of the COMMONWEALTH of Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided April 29, 1977.

Attorney(s) appearing for the Case

Mary Bell Hammerman, Philadelphia, Pa., for appellee.

Bruce A. Franzel, Asst. Dist. Atty., Mark Sendrow, Asst. Dist. Atty., Chief, Motions Div., Abraham J. Gafni, Deputy Dist. Atty. for Law, F. Emmett Fitzpatrick, Dist. Atty. Philadelphia, Pa., for appellant.

Before GIBBONS, FORMAN and ROSENN, Circuit Judges.

OPINION OF THE COURT

FORMAN, Circuit Judge.

This is an appeal by the Commonwealth of Pennsylvania from an order of the United States District Court for the Eastern District of Pennsylvania granting a writ of habeas corpus. The major issue presented here is whether appellee was unconstitutionally deprived of the right to testify at his own trial. We conclude that he was and, accordingly, we affirm the grant of the writ.

I.

Norman Wilcox...

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