United States ex rel. Floyd v. Rundle

MEMORANDUM AND ORDER

BODY, District Judge.

Relator was indicted for murder in Bill of Indictment No. 777, May Sessions, 1957 in the Court of Quarter Sessions of Philadelphia County, Pennsylvania. His trial commenced on June 9, 1958 before The Honorable Gerald F. Flood and a jury. On June 13, 1958 relator was convicted of murder in the first degree, the jury setting life imprisonment as the penalty. Post-trial motions were filed, but were later withdrawn on July 14, 1958 on the advice of counsel.

On March 8, 1965 relator filed a petition for a writ of habeas corpus in the Court of Common Pleas of…