United States ex rel. Collins v. Ashe

GOURLEY, District Judge.

This is an habeas corpus proceeding arising out of a state prosecution.

In this court the proceedings were heretofore heard by the Honorable Robert M. Gibson, now deceased. In accordance with Rule 63 of the Federal Rules of Civil Procedure, 28 U.S.C.A., I will adopt the record made before Judge Gibson.

On August 9, 1949 the United States Court of Appeals, Third Circuit, 176 F.2d 606, 607, vacated the Order of Judge Gibson and remanded the proceeding with the following directive: “Accordingly, the order of the court below will be vacated for the second time and the case…