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UNITED STATES EX REL. BRINK v. CLAUDY

March 21, 1951

UNITED STATES ex rel. BRINK
v.
CLAUDY



The opinion of the court was delivered by: GOURLEY

This is a habeas corpus proceeding arising out of a state prosecution. The petitioner is now confined to the Western State Penitentiary, Allegheny County, Pennsylvania, which is within the Western District of Pennsylvania.

The Court has taken judicial knowledge and considered the following matters:

 (a) The allegations of fact set forth in the petition.

 (b) Records of the Superior Court of the Commonwealth of Pennsylvania.

 (c) Records of the Supreme Court of the Commonwealth of Pennsylvania.

 (d) Records of the Court of Common Pleas of Crawford County, Pennsylvania.

 (e) Records of the Court of Oyer and Terminer for Crawford County, Pennsylvania.

 (f) Records of indictments, informations and preliminary proceedings.

 A complete and exhaustive hearing was held. The petitioner was granted unlimited opportunity to present allegations and cross-examine witnesses, including two of the sentencing judges of Crawford County.

 Thereupon, on February 25, 1947, the Court of Quarter Sessions of Crawford County imposed three sentences upon petitioner:

 (1) On the conviction of forgery, a sentence of five to ten years, effective from January 21, 1947.

 (2) On the conviction for larceny of the automobile, a sentence of two and one-half years to five years, to take effect at the expiration of the forgery sentence.

 (3) On the conviction for prison breach, a sentence of five to ten years, to take effect at the expiration of the forgery and larceny sentences.

 A petition for mandamus was filed in the Superior Court of Pennsylvania aimed to direct the Common Pleas Court of Crawford County to act upon a pending habeas corpus petition. The Superior Court dismissed said petition on July 2, 1948. Later the petitioner filed a habeas corpus petition in the Supreme Court o the Commonwealth of Pennsylvania at No. 1610 Miscellaneous Docket, Western District, 1949. The Pennsylvania Supreme Court filed a per curiam opinion on November 22, 1949 in which it-

 (1) ordered a new trial granted to the petitioner on the forgery indictment on the ground that he was not present at the time the ...


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