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BISHOP v. MAZURKIEWICZ

Civ. A. No. 79-1004.

484 F.Supp. 871 (1980)

John Edward BISHOP, P2541, Petitioner, v. J. F. MAZURKIEWICZ, and the Attorney General of the Commonwealth of Pennsylvania, Respondents.

United States District Court, W. D. Pennsylvania.

February 25, 1980.

Attorney(s) appearing for the Case

Alan Ellis, State College, Pa., Leonard I. Sharon, Pittsburgh, Pa., for petitioner.

Edward G. Biester, Jr., Atty. Gen. of the Commonwealth, Harrisburg, Pa., Thomas F. Morgan, Dist. Atty. of Clearfield County, Clearfield, Pa., for respondents.

OPINION

COHILL, District Judge.

I.

Facts

On June 3, 1976, a jury in the Court of Common Pleas of Clearfield County, Pennsylvania rejected the argument of self-defense of defendant, John Edward Bishop (petitioner herein), and convicted him of voluntary manslaughter in the slaying of Franklin Albright. Bishop had claimed that on December 5, 1975, he and Franklin Albright were sitting in Bishop's home drinking beer. Albright then...

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