United States of America Ex Rel. John Francis Butler v. James F. Maroney, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania

GANEY, Circuit Judge.

This case comes before this Court from the denial of the petition for writ of 'habeas corpus in the District Court for the Western District of Pennsylvania.

The appellant, John Francis Butler, was sentenced on May 5, 1958, by the Court of Oyer and Terminer of Northumberland County, to a term of from four to ten years for armed robbery which was to be served in the Eastern Penitentiary. While there interned, he made application for a writ of habeas corpus and a hearing was set for May 26, 1959, before Judge Troutman of Northumberland County. In the meantime, he had been…