The opinion of the court was delivered by: GOURLEY
This is an habeas corpus proceeding arising out of a state prosecution.
In this court the proceedings were heretofore heard by the Honorable Robert M. Gibson,now deceased. In accordance with Rule 63 of the Federal Rules of Civil Procedure, 28 U.S.C.A., I will adopt the record made before Judge Gibson.
On August 9, 1949 the United States Court of Appeals, Third Circuit, 176 F.2d 606, 607, vacated the Order of Judge Gibson and remanded the proceeding with the following directive: 'Accordingly, the order of the court below will be vacated for the second time and the case will be remanded again to the United States District Court for the Western District of Pennsylvania with the direction to that court to receive in evidence and to have duly marked as exhibits, if properly admissible under the rules of evidence, the original documents referred to, or certified copies thereof, including any other evidence on which the United States District Court for the Western District of Pennsylvania may properly base its judgment and, having done so, to reconsider the case on the basis of this and all other pertinent evidence.'
Full and complete opportunity has been given the petitioner to submit any testimony desired in accordance with the mandate of the Circuit Court.
Judicial knowledge will be taken of all records and proceedings in either the state or federal courts which relate to the petitioner's claim for relief. In addition, said records have been admitted in evidence and are marked as Exhibits:
Petitioner's Exhibit No. 1- Record of Proceedings, 533 May Sessions 1931, Court of Quarter Sessions, Allegheny County, Pennsylvania.
Commonwealth's Exhibit 'A- Application for Parole to the Board of Trustees of Western State Penitentiary of Pennsylvania, dated Jan. 17, 9136.
Commonwealth's Exhibit 'B'- Record of proceedings of the New Haven County Superior Court, State of Connecticut.
Commonwealth's Exhibit 'C'- Record of proceedings in the County of Winnebago, State of Wisconsin.
Commonwealth's Exhibit 'D'- Record of proceedings in the Court of Common Pleas of Allegheny County, Pennsylvania, more particularly the habeas corpus action, No. 1623 April Term, 1946.
Commonwealth's Exhibit 'E'- Record of proceedings in the Superior Court of Pennsylvania, habeas corpus action, No. 1623 April Term, 1946.
Commonwealth's Exhibit 'F'- Record of proceedings in the Supreme Court of Pennsylvania, habeas corpus action, No. 1623 April Term, 1946.
Commonwealth's Exhibit 'G'- Record of proceedings in the Supreme Court of the United States, habeas corpus ...