United States ex rel. Holly v. Commonwealth of Pennsylvania

Third Circuit

United States ex rel. Holly v. Commonwealth of Pennsylvania

174 F.2d 480, 1949 U.S. App. LEXIS 2230

CourtCourt of Appeals for the Third Circuit

DecidedApril 14, 1949

DocketNo. 9892

StatusPublished

Cited by3 cases

This text of 174 F.2d 480 (United States ex rel. Holly v. Commonwealth of Pennsylvania) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States ex rel. Holly v. Commonwealth of Pennsylvania, 174 F.2d 480, 1949 U.S. App. LEXIS 2230 (3d Cir. 1949).

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Opinion

PER CURIAM.

The appellant, who is incarcerated in the Western State Penitentiary of Pennsylvania pursuant to the judgment of a Pennsylvania State court, petitioned the United States District Court for the Western District of Pennsylvania for a writ of habeas corpus. In an exhaustive opinion the district court considered on their merits the many contentions made by the appellant and reached the conclusion that none of them justified the issuance of the writ. The court accordingly denied the petition. We have carefully examined the record and are satisfied that the action of the district court was correct for the reasons set out at length in the opinion filed by Judge Gourley. It, therefore, becomes unnecessary for us to determine whether the appellant has exhausted the remedies available to him in the courts of Pennsylvania within the meaning of Section 2254 of Title 28 U.S.C.A.

Accordingly the order of the district court will be affirmed.

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PER CURIAM.

The appellant, who is incarcerated in the Western State Penitentiary of Pennsylvania pursuant to the judgment of a Pennsylvania State court, petitioned the United States District Court for the Western District of Pennsylvania for a writ of habeas corpus. In an exhaustive opinion the district court considered on their merits the many contentions made by the appellant and reached the conclusion that none of them justified the issuance of the writ. The court accordingly denied the petition. We have carefully examined the record and are satisfied that the action of the district court was correct for the reasons set out at length in the opinion filed by Judge Gourley. It, therefore, becomes unnecessary for us to determine whether the appellant has exhausted the remedies available to him in the courts of Pennsylvania within the meaning of Section 2254 of Title 28 U.S.C.A.

Accordingly the order of the district court will be affirmed.

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174 F.2d 480, 1949 U.S. App. LEXIS 2230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-ex-rel-holly-v-commonwealth-of-pennsylvania-ca3-1949.

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