United States Ex Rel. Regis Charles Schultz v. Joseph Brierley, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is an appeal from the denial in the district court of a habeas corpus pe tition. Appellant was convicted of burglary in a Pennsylvania County Court of Quarter Sessions. He made a timely but unsuccessful motion for a new trial, and appealed his conviction to the Superior Court of Pennsylvania which affirmed. Commonwealth v. Shultz, 213 Pa.Super. 783, 249 A.2d 356 (1968). Allocatur was denied by the Pennsylvania Supreme Court. Thereafter he filed a petition in the district court for habeas corpus. The district court, without a hearing, entered an…