Legal Opinion
United States of America Ex Rel. Frank Luzzi v. William Banmiller, Warden, Eastern State Penitentiary, Philadelphia, Pennsylvania
Court of Appeals for the Third Circuit
Decided September 6, 1957No. 12135PublishedCited by 10 opinions
1Opinion of the Court
McLAUGHLIN, Circuit Judge.
Appellant was convicted on September 23, 1953 in the Berks County Court of Oyer and Terminer, Pennsylvania, of burglary and larceny and carrying firearms without a license. He was sentenced to a prison term of not less than 7% years and not more than 20 years. There was no appeal from the conviction.
On January 29, 1954 he filed a petition for a writ of habeas corpus in the Berks County Court of the Common Pleas. The petition was dismissed and an appeal taken from the dismissal to the Pennsylvania Superior Court. That tribunal, in an opinion found at Commonwealth ex…
Also in this document: Concurrence.
2Cases cited4 opinions
- Brown v. AllenSupreme Court of the United States · 1953
- United States of America, Ex Rel. Silvio De Vita v. Lloyd W. McCorkle Principal Keeper of the New Jersey State Prison at Trenton, New JerseyCourt of Appeals for the Third Circuit · 1957
- Commonwealth Ex Rel. Luzzi v. TeesSuperior Court of Pennsylvania · 1954
- Commonwealth ex rel. Luzzi v. Court of Quarter SessionsSuperior Court of Pennsylvania · 1955
3Cited by10 opinions
- Robert Wade Brown, Jr. v. United StatesCourt of Appeals for the Tenth Circuit · 1966
- Bristow v. StateCourt of Appeals of Maryland · 1966
- United States of America Ex Rel. James Morris Fletcher v. Angelo C. Cavell, Warden, Western State Penitentiary, Pittsburgh 33, PennsylvaniaCourt of Appeals for the Third Circuit · 1961
- United States v. WhitakerDistrict Court, M.D. Pennsylvania · 1974
- Taylor v. United StatesDistrict Court, E.D. Pennsylvania · 1974
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