United States of America Ex Rel. Larry R. Howard, H-7014 v. Alfred T. Rundle, Supt

OPINION OF THE COURT

BIGGS, Circuit Judge.

The relator-appellant Howard, convicted in the Court of Common Pleas of Philadelphia County by a jury on charges of attempted burglary, possession of burglary tools, conspiracy, loitering and prowling, was sentenced on August 31, 1967 to serve two to five years. The sentences imposed on Howard under the four indictments present in the record were to run concurrently. No issue has been raised as to any duplicity of sentences. 1 Howard sought release on writ of habeas corpus. The District Court denied his application without an evidentiary hearing and…