United States of America Ex Rel. Anthony Scoleri v. William J. Banmiller, Warden, Eastern State Penitentiary

*721BIGGS, Chief Judge.

In this habeas corpus proceeding, in which the writ was denied,1 we are concerned with an issue which arises under the Due Process Clause of the Fourteenth Amendment, an issue which is almost the same as that which was before us in United States ex rel. Thompson v. Price, 258 F.2d 918, 3 Cir., certiorari denied 358 U.S. 922, 77 S.Ct. 295, 3 L. Ed.2d 241 (1958), and which we there decided against the relator. The operative facts in the case at bar are somewhat different and we reach a different result.

Anthony Scoleri was indicted, tried, convicted and sentenced to death by…