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UNITED STATES v. RUNDLE

No. 14078.

318 F.2d 64 (1963)

UNITED STATES of America ex rel. Claude Francis (Dyke) SWINGLE, Appellant, v. A. T. RUNDLE, Superintendent, State Correctional Institution, Philadelphia, Pennsylvania.

United States Court of Appeals Third Circuit.

Decided May 23, 1963.

Attorney(s) appearing for the Case

Lawrence Goldberg, Philadelphia, Pa., for appellant.

Louis B. Nielsen, Jr., Dist. Atty. of Wayne County, Honesdale, Pa., for appellee.

Before KALODNER, HASTIE and GANEY, Circuit Judges.

KALODNER, Circuit Judge.

This appeal from the denial of Claude Swingle's petition for a writ of habeas corpus by the court below1 presents the issue whether he was illegally sentenced under the Pennsylvania Habitual Offenders Act.2

These undisputed facts are critical to our disposition:

In 1921 Swingle was convicted of murder of the second degree in New York and was sentenced to imprisonment...

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