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UNITED STATES v. COMMONWEALTH OF PENNSYLVANIA

Civ. A. No. 67-264.

267 F.Supp. 948 (1967)

UNITED STATES of America ex rel. Roy E. HARBAUGH, Petitioner, v. COMMONWEALTH OF PENNSYLVANIA et al., Respondents.

United States District Court W. D. Pennsylvania.

May 8, 1967.

Attorney(s) appearing for the Case

Roy E. Harbaugh, pro se.

William F. Potter, Dist. Atty., County of McKean, Smethport, Pa., for respondents.

OPINION AND ORDER

MARSH, District Judge.

Roy E. Harbaugh, a state prisoner, has applied for a writ of habeas corpus. He sets forth as reasons for the writ: (1) denial of representation by competent counsel; (2) unavailability of exculpatory evidence that has subsequently become available and which would have affected the outcome of the trial if it had been introduced; (3) the sentence imposed for armed robbery by the Court of Quarter Sessions instead of...

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