Commonwealth of Pennsylvania v. Cavell, 12517.
| Decision Date | 20 May 1958 |
| Docket Number | No. 12517.,12517. |
| Citation | 254 F.2d 816 |
| Parties | COMMONWEALTH OF PENNSYLVANIA ex rel. James H. WOODS v. Angelo C. CAVELL, Warden, Western State Penitentiary, Pittsburgh, Penna., Appellant. |
| Court | U.S. Court of Appeals — Third Circuit |
William Claney Smith, Pittsburgh, Pa. (Edward C. Boyle, Dist. Atty., Pittsburgh, Pa., on the brief), for appellant.
Robert F. Patton and John G. Buchanan, Pittsburgh, Pa., for appellee.
Before GOODRICH, McLAUGHLIN and HASTIE, Circuit Judges.
This is an appeal from the granting of a writ of habeas corpus by a judge of the United States District Court for the Western District of Pennsylvania, 1957, 157 F.Supp. 272. It has been thoroughly presented to us as it was to him. We agree with the conclusion reached by Judge McIlvaine in the district court and for the reasons he gave for that conclusion.
The judgment of the district court will be affirmed for the reasons given by the court below.
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... ... 657, 664; Id., 8 F. 897, 903 (D.C.D.Vt.1881); Com. of Pennsylvania ex rel. Woods v. Cavell, 157 F.Supp. 272 (D.C.W.D.Pa.1957), aff'd mem., ... ...
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...7 Cir., 1958, 259 F.2d 215; Curran v. State of Delaware, 3 Cir., 1958, 259 F.2d 707. However, in Commonwealth of Pennsylvania ex rel. Woods v. Cavell, 3 Cir., 1958, 254 F.2d 816 no certificate was obtained by the respondent custodial officer and the issue was not 4 In United States ex rel. ......
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