United States ex rel. Good v. Rundle

MEMORANDUM

LUONGO, District Judge.

This petition for writ of habeas corpus by a state court prisoner will be denied without hearing.

Relator was convicted on the charge of carrying a concealed deadly weapon,1 an indictable offense in Pennsylvania. The indictment identified the weapon as a gun, whereas the evidence adduced at relator’s trial disclosed the weapon to be a knife. After all the evidence had been presented, the state court, over the objection of relator’s counsel, permitted the indictment to be amended to conform to the evidence. In his petition relator contends that the allowance of…