United States ex rel. Brothers v. Rundle

OPINION

LUONGO, District Judge.

Relator, Herbert Brothers, was convicted in the state court on charges of sodomy and related offenses. He has filed here a petition for writ of habeas corpus 1 contending that he was denied due process of law (1) by the Commonwealth’s failure to produce a certain witness, and (2) the trial judge delivered an “Allen charge”2 when the jury sought clarification of the evidence during its deliberations.

I have examined the record of the state court proceedings and have concluded that the merits of relator’s contentions may be disposed of on that record without an…