United States Ex Rel. George L. Spears H-7506 v. Robert L. Johnson, Supt. State Correctional at Graterford

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

The Commonwealth of Pennsylvania appeals from a district court order granting George L. Spears’ petition for writ of habeas corpus without hearing. 1 The district court found that the state judge before whom Spears was tried had prevented Spears’ counsel from making a summation to the court sitting without a jury and held that this procedure constituted a denial of due process of law without regard to a showing of prejudice to Spears. Other issues raised in Spears’ petition were not considered. For the reasons to be stated, we reverse the judgment…