United States ex rel. Brown v. Cavell

OPINION AND ORDER

MASTERSON, District Judge.

Relator has filed a petition for a writ of habeas corpus attacking his 1969 convictions for assault and battery and aggravated assault and battery with intent to kill in the Court of Common Pleas of Philadelphia County. He is now serving a prison term of three to seven years.

In the instant petition, relator raises the same issues which were the basis of his direct appeal in the Pennsylvania appellate courts:1

1) The evidence was insufficient as a matter of law to sustain a conviction for assault with intent to kill;

2) The evidence was insufficient as…