United States of America Ex Rel. Gus Alfred Demoss v. Commonwealth of Pennsylvania, County of Philadelphia and William J. Banmiller, Warden

McLAUGHLIN, Circuit Judge.

This is an appeal from the refusal of the district court to grant appellant’s petition for a writ of habeas corpus.

Appellant, DeMoss, was convicted of murder in the first degree in the Court of Quarter Sessions in Philadelphia County, Pennsylvania and sentenced to life imprisonment. The Pennsylvania Supreme Court, Commonwealth v. DeMoss, 401 Pa. 395, 165 A.2d 14 (1960) affirmed and certiorari was denied by the United States Supreme Court, 365 U.S. 822, 81 S.Ct. 708, 5 L.Ed.2d 701 (1961). Appellant then filed a petition for a writ of habeas corpus in the United States…