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UNITED STATES EX REL. BROTHERS v. RUNDLE

Misc. No. 4032.

302 F.Supp. 402 (1968)

UNITED STATES of America ex rel. Herbert BROTHERS v. Alfred T. RUNDLE, Superintendent.

United States District Court E. D. Pennsylvania.

September 10, 1968.

Attorney(s) appearing for the Case

No appearance for relator.

Roger Cox, Asst. Dist. Atty., Philadelphia, Pa., for respondent.

OPINION

LUONGO, District Judge.

Relator, Herbert Brothers, was convicted in the state court on charges of sodomy and related offenses. He has filed here a petition for writ of habeas corpus1 contending that he was denied due process of law (1) by the Commonwealth's failure to produce a certain witness, and (2) the trial judge delivered an "Allen charge"2 when the jury sought clarification of the evidence...

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