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Prince v. Commonwealth of Pennsylvania

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


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 affirmance advanced by the District Court and by the appellee. Accordingly, the order of the District Court dated November 20, 1967, will be affirmed.


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