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BROWN v. CAIN

No. M-1075.

56 F.Supp. 56 (1944)

BROWN, Boatswain's Mate, v. CAIN, Warden.

District Court, E. D. Pennsylvania.

June 14, 1944.

Attorney(s) appearing for the Case

R. Paul Lessy, Asst. Dist. Atty., of Chester, Pa., and William R. Toal, First Asst. Dist. Atty., and C. William Kraft, Jr., Dist. Atty., both of Media, Pa., for the State of Pennsylvania.

John Diggins, of Chester, Pa., for relator.

Gerald A. Gleeson, U. S. Atty., and J. Barton Rettew, Jr., Asst. U. S. Atty., both of Philadelphia, Pa., for the Government.

KIRKPATRICK, District Judge.

The relator James H. Brown, a guard, shot and killed a man named Franklin Giddings in the shipyard of the Sun Shipbuilding Dry Dock Co. at Chester, Pennsylvania. He was arrested, indicted by the Grand Jury of Delaware County for murder and was in the custody of the respondent, the warden of the County prison.

He applied for this writ, alleging that he was in custody for an act done in pursuance of a law of the United States, Title...

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