United States ex rel. Collins v. Ashe

BIGGS, Chief Judge.

This is the second time that this case has come before us on appeal. On the first occasion, on August 24, 1948, pursuant to our opinion, 175 F.2d 555, we vacated the order of the court below denying the petitioner’s application- for a writ of habeas corpus and remanded the cause so that an adequate record might be made in the court below to the end that that court and this tribunal might be able to determine whether or not the petitioner had exhausted his State remedy in the habeas corpus proceeding which he had instituted in the Court of Common Pleas of Allegheny County,…