U.S. Court of Appeals for the Third Circuit, 1967

Samuel Bottone v. Joseph Feconda, Warden of Washington County Jail, Washington, Washington County, Pennsylvania

Samuel Bottone v. Joseph Feconda, Warden of Washington County Jail, Washington, Washington County, Pennsylvania
U.S. Court of Appeals for the Third Circuit · Decided October 23, 1967 · McLaughlin, Hastie, Forman
382 F.2d 1022 (Federal Reporter, Second Series)

Samuel Bottone v. Joseph Feconda, Warden of Washington County Jail, Washington, Washington County, Pennsylvania

Opinion

OPINION OF THE COURT

PER CURIAM.

A collateral attack upon the appellee’s conviction in a state court on charges of attempted rape and attempted incest resulted in the granting of habeas corpus with appropriate provision permitting the retention of state custody for a new trial. On this appeal from that judgment we are satisfied, for the reasons stated in the opinion of the district court, that the accused did not have the effective representation of counsel at a critical stage of his trial.

Accordingly, the judgment will be affirmed.

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