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COMMONWEALTH OF PENNSYLVANIA v. BURKE

Misc. No. M. 1199.

74 F.Supp. 846 (1947)

COMMONWEALTH OF PENNSYLVANIA ex rel. BILLMAN v. BURKE.

District Court, E. D. Pennsylvania.

November 18, 1947.

Attorney(s) appearing for the Case

Herman I. Pollock, of Philadelphia, Pa., for petitioner.

Franklin E. Barr, Asst. Dist. Atty., Philadelphia County, and John E. Stevenson, Deputy Atty. Gen., both of Philadelphia, Pa., for the Commonwealth, for respondent.

FOLLMER, District Judge.

Petitioner was on October 3, 1940, convicted in a state court1 on a charge of burglary. At his trial and at the time of sentence as originally imposed, he was represented by counsel appointed by the Court.2 The Court subsequently, on the ground that it had been misinformed by defendant,3 vacated this sentence. Thereupon, on October 11, 1940, he was resentenced...

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