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UNITED STATES v. RUNDLE

Misc. No. 2371.

204 F.Supp. 114 (1962)

UNITED STATES ex rel. Claude F. SWINGLE v. A. T. RUNDLE, Superintendent, State Correctional Institution.

United States District Court E. D. Pennsylvania.

April 27, 1962.

Attorney(s) appearing for the Case

Lawrence Goldberg, Philadelphia, Pa., for petitioner.

Louis B. Nillsen, Dist. Atty., Wayne County, Honesdale, Pa., and Frank P. Lawley, Jr., Deputy Atty. Gen., Harrisburg, Pa., for respondent.

FREEDMAN, District Judge.

More than ten years after relator had been sentenced to life imprisonment on his plea of guilty of murder, the Supreme Court of Pennsylvania, on his petition for a writ of habeas corpus, set the sentence aside with direction to the Court below, the Court of Oyer and Terminer of Wayne County, to impose a proper and legal sentence. The sentence had been rendered on June 20, 1949. It was set aside by the Supreme Court of Pennsylvania on December...

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