United States of America Ex Rel. Earl Richard Saunders v. David N. Myers, Warden, Eastern State Penitentiary, Graterford, Pennsylvania

McLAUGHLIN, Circuit Judge.

Appellant, Saunders, seeks review of the district court’s refusal to grant his petition for a writ of habeas corpus. The doctrine of exhaustion of state remedies has been satisfied.

Saunders was convicted of murder in the first degree in the Court of Oyer and Terminer of Allegheny County, Pennsylvania for the shooting and killing of a gas station attendant. He is now serving a life sentence.

The chief witness for the prosecution was Edward Hargrove, ten years old at the time the crime was committed. He had known the defendant very well for from three to five years…