United States ex rel. Carter v. Pennsylvania

*594MEMORANDUM OPINION AND ORDER

VanARTSDALEN, District Judge.

Petitioner seeks discharge from state custody by a writ of habeas corpus. He has been held in jail since August 13, 1970, awaiting trial on charges of burglary of an Esso station and stealing approximately $30 from the cigarette vending machine in the station. The offense is charged to have occurred during the night of August 12-13, 1970. Trial had been fixed for January 13, 1971. By reason of a motion to suppress having been filed, instead of the trial commencing on January 13, 1971, a hearing was held and testimony taken on the motion…