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UNITED STATES v. BANMILLER

No. Misc. 2253.

205 F.Supp. 123 (1962)

UNITED STATES of America ex rel. Jeddy WILKINS v. William J. BANMILLER, Warden, State Correctional Institution, Philadelphia, Pennsylvania.

United States District Court E. D. Pennsylvania.

April 25, 1962.

Attorney(s) appearing for the Case

Mary Alice Duffy, Philadelphia, Pa., for petitioner.

James C. Crumlish, Jr., Dist. Atty., Stanley M. Schwarz, Asst. Dist. Atty., Philadelphia, Pa., for respondent.

JOSEPH S. LORD, III, District Judge.

This is a petition for a writ of habeas corpus by a state prisoner. Relator was indicted for murder and at the time of trial in 1951, he entered a plea of guilty. After a hearing, a three-judge court en banc found relator guilty of murder in the first degree and sentenced him to life imprisonment. No appeal was taken at that time.

A petition for writ of habeas corpus was filed in the state court in 1959. That petition was...

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