United States of America Ex Rel. George Paxos v. Alfred T. Rundle. Appeal of the Commonwealth of Pennsylvania

JAMES HUNTER, III, Circuit Judge,

with whom ALDISERT and GIBBONS, Circuit Judges, join (dissenting):

A prosecutor has a special obligation to see that justice is done, and it is his duty to refrain from improper methods which could produce a wrongful conviction. Berger v. United States, 295 U.S. 78, 55 S.Ct. 629, 79 L.Ed. 1314 (1935); United States ex rel. Darcy v. Handy, 203 F.2d 407 (3d Cir. 1955), cert. denied Maroney v. United States ex rel. Darcy, 346 U.S. 865, 74 S.Ct. 103, 98 L.Ed. 375 (1953); United States v. Nettl, 121 F.2d 927 (3d Cir. 1941). Because I believe that the prosecutor’s…