Legal Opinion
United States ex rel. Barbry v. Rundle
District Court, E.D. Pennsylvania
Decided January 22, 1970No. Misc. No. 69-380PublishedCited by 1 opinion
1Opinion of the Court
OPINION
HIGGINBOTHAM, District Judge.
Relator’s petition for writ of habeas corpus is bottomed on two legal arguments, which he contends entitle him to a new trial on bill 824 of December Sessions, 1965, Court of Quarter Sessions, Philadelphia County. Relator was first tried on indictment No. 824, charging rape, and lesser included offenses, in April of 1966, and a mistrial resulted when the jury could not reach a verdict. The Commonwealth renewed its prosecution before a second jury in September of 1966.
At both trials, the prosecutrix testified that relator forced her at knifepoint to a vacant…
2Cases cited7 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- Spencer v. TexasSupreme Court of the United States · 1966
- United States v. John Fioravanti, Nicholas Panaccione, and Angelo Pepe, Nicholas PanaccioneCourt of Appeals for the Third Circuit · 1969
- Irven Green and Robert Benjamin Smith v. United States of America, Arnold Jack Johnson v. United StatesCourt of Appeals for the Fifth Circuit · 1962
- Commonwealth Ex Rel. Sprangle v. MaroneySupreme Court of Pennsylvania · 1967
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3Cited by1 opinion
- Johnson v. American Pile Driving Co., Inc.District Court, W.D. Washington · 1975