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Prince v. Commonwealth of Pennsylvania

decided: May 21, 1968.

LONNIE C. PRINCE, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA



McLaughlin, Freedman and Van Dusen, Circuit Judges.

Author: Per Curiam

Opinion OF THE COURT

Appellant challenges an order of the District Court denying his application to remove a state criminal prosecution to the Federal District Court under 28 U.S.C. § 1443, permitting removal of criminal prosecutions under certain circumstances.*fn1 The record makes clear that appellant did not apply for such removal prior to the trial of the state criminal proceeding.*fn2 Under such circumstances, the application to remove the state criminal proceeding was not timely under the provisions of 28 U.S.C. § 1446 (c). This makes it unnecessary to consider the other reasons for ...


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