United States of America Ex Rel. George Lee Rivers v. David N. Myers, Superintendent, State Correctional Institution at Graterford, Pennsylvania

STALEY, Circuit Judge.

Rivers filed a petition for a writ of habeas corpus in the district court in which he asked to have set aside a death sentence imposed by a Pennsylvania court after entry of a plea of guilty to murder generally, alleging that the sentence was imposed in violation of the due process clause. The killing occurred in the course of a 1957 armed robbery of a *783North Philadelphia drug store perpetrated by Cater, Williams and Rivers. Williams fired the shot that killed the druggist while Rivers acted as lookout at the door.

Rivers was twice sentenced to death. The first sentence…