Legal Opinion

United States ex rel. Cox v. Bussell

District Court, E.D. Pennsylvania

Decided April 4, 1968No. Misc. No. 3719PublishedCited by 4 opinions

1Opinion of the Court

OPINION

JOHN MORGAN DAVIS, District Judge.

The relator has filed a petition for a writ of habeas corpus alleging that his 1964 conviction for common law and statutory rape was illegal. He received a sentence of 5 to 10 years imprisonment on the statutory rape conviction only; sentence was suspended on the conviction of the common law offense.1 The allegations of error are discussed, as follows:

I

PROCEDURAL ISSUES.

A. Exhaustion of State Remedies.

After his conviction, the relator, with representation of counsel, filed a motion for a new trial. However, it was denied on October 28, 1964. There was…

2Cases cited20 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Commonwealth v. GarrettSupreme Court of Pennsylvania · 1966
  3. Paul L. Fitzsimmons v. Howard Yeager, Principal Keeper of the New Jersey State Prison at trenton,n.j. And the State of New JerseyCourt of Appeals for the Third Circuit · 1968
  4. Commonwealth v. SchuckSupreme Court of Pennsylvania · 1960
  5. Commonwealth v. DuffSupreme Court of Pennsylvania · 1964

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3Cited by4 opinions

  1. Commonwealth v. WalkerSupreme Court of Pennsylvania · 1976
  2. Commonwealth v. WalkerSuperior Court of Pennsylvania · 1975
  3. Commonwealth v. WalkerSuperior Court of Pennsylvania · 1975
  4. Commonwealth v. WalkerSupreme Court of Pennsylvania · 1976

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