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UNITED STATES v. CAVELL

Civ. A. No. 16229.

162 F.Supp. 319 (1958)

UNITED STATES of America ex rel. James Morris FLETCHER, Petitioner, v. Angelo C. CAVELL, Warden.

United States District Court W. D. Pennsylvania.

Opinion June 5, 1958.

Attorney(s) appearing for the Case

Marjorie H. Matson, Pittsburgh, Pa., for petitioner.

Thomas D. McBride, Atty. Gen., of Pennsylvania, Glenn R. Toothman, Jr., Dist. Atty. of Greene County, Waynesburg, Pa., for Commonwealth.

GOURLEY, Chief Judge.

This is a petition for writ of habeas corpus in which petitioner, convicted in the State court of first degree murder and sentenced on February 14, 1956 to life imprisonment, alleges denial of due process under the Constitution of the United States for the reason that one member of the jury was a distant relative of the victim, and the other a relative of the prosecuting county detective, who was also a witness. The defendant did not take the...

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