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UNITED STATES EX REL. PRIEST v. ANDERSON

No. 104.

304 F.Supp. 531 (1969)

UNITED STATES of America ex rel. Samuel J. PRIEST, Petitioner, v. Raymond W. ANDERSON, Warden, New Castle Correctional Institution, Respondent.

United States District Court D. Delaware.

October 8, 1969.

Attorney(s) appearing for the Case

Leonard S. Togman, Potter, Anderson & Corroon, Wilmingon, Del., for petitioner.

John G. Mulford, Deputy Atty. Gen., State of Delaware, for respondent.

OPINION

LAYTON, District Judge.

On January 29, 1963, the petitioner, Samuel J. Priest, was arrested at approximately 3:30 A.M. on a charge of automobile theft. He was taken to the police station and booked; the House Sergeant set bail at $500. Unable to meet the bail set, he was retained in police custody. At 9:00 A.M., instead of bringing him before the Municipal Court for a preliminary hearing pursuant to Rule 5 of the Delaware Code of Criminal Procedure...

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