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UNITED STATES EX REL. FEINBERG v. RUNDLE

No. 69-580.

316 F.Supp. 1129 (1970)

UNITED STATES of America ex rel. Max FEINBERG v. Alfred T. RUNDLE.

United States District Court, E. D. Pennsylvania.

June 29, 1970.

Attorney(s) appearing for the Case

David Kairys, Asst. Defender, Melvin Dildine, Chief, Appeals Division, Vincent J. Ziccardi, Defender, Philadelphia, for petitioner.

Walter W. Cohen, Asst. Dist. Atty., James D. Crawford, Deputy Dist. Atty., Richard A. Sprague, First. Asst. Dist. Atty., Arlen Specter, Dist. Atty., for respondent.

OPINION

HIGGINBOTHAM, District Judge.

As the United States Supreme Court has stated: "It is as much a violation of due process to send an accused to prison following conviction of a charge on which he was never tried as it would be to convict him upon a charge that was never made." Cole v. State of Arkansas, 333 U.S. 196, at 201, 68 S.Ct. 514 at 517, 92 L.Ed. 644 (1948). But this is not our case, and, after a complete review...

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