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UNITED STATES EX REL. CULBREATH v. RUNDLE

No. 71-1750.

466 F.2d 730 (1972)

UNITED STATES of America ex rel. Wallace CULBREATH, Appellant, v. Alfred T. RUNDLE.

United States Court of Appeals, Third Circuit.

Decided September 5, 1972.

Attorney(s) appearing for the Case

I. B. Sinclair, Bell, Harvey, Pugh & Sinclair, Media, Pa., for appellant.

Ralph B. D'Iorio, Asst. Dist. Atty., Media, Pa., for appellee.

Before VAN DUSEN, GIBBONS, and JAMES ROSEN, Circuit Judges.

OPINION OF THE COURT

JAMES ROSEN, Circuit Judge.

This is an appeal from the denial of a writ of habeas corpus. The issue before us is whether a state trial judge erred in refusing to permit Culbreath to withdraw his plea of guilty to a murder indictment prior to the imposition of sentence.

The Pennsylvania Supreme Court held that an application for leave to withdraw a plea of guilty is a matter of judicial discretion and it will not be reversed in...

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