Legal Opinion
United States Ex Rel. Monaghan v. Burke, Warden
Court of Appeals for the Third Circuit
Decided June 9, 1952No. 10582PublishedCited by 2 opinions
1Opinion of the Court
STALEY, Circuit Judge.
The relator complains of the refusal of the district court to issue a writ of habeas corpus. He alleges that on March 31, 1930, he entered a plea of nolo contendere to the charges of “assault and battery — being armed with an offensive weapon, and carrying concealed deadly weapons,” and was sentenced to serve six to fifteen years 1 in the Eastern Penitentiary of Pennsylvania. If these allegations are true, it is clear that the sentence was excessive and that relator has been unlawfully detained.
We are satisfied that relator has exhausted his state remedies. The record…
2Cases cited7 opinions
- Hill v. United States Ex Rel. WamplerSupreme Court of the United States · 1936
- Commonwealth Ex Rel. Spencer v. AsheSupreme Court of Pennsylvania · 1950
- Commonwealth Ex Rel. Monaghan v. BurkeSuperior Court of Pennsylvania · 1951
- Byers v. Cities Service Gas Co.Supreme Court of the United States · 1949
- Commonwealth Ex Rel. Thor v. Ashe, WardenSuperior Court of Pennsylvania · 1939
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Commonwealth v. MountSuperior Court of Pennsylvania · 1953
- United States ex rel. Collins v. WardenDistrict Court, W.D. Pennsylvania · 1952