Court of Appeals for the Third Circuit February 3, 1969, 17245_1 (United States of America Ex Rel. Edward Rybarik v. James F. Maroney, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania)

OPINION OF THE COURT

SEITZ, Circuit Judge.

This is an appeal from the district court’s denial of a state prisoner’s request for a writ of habeas corpus.

On January 20, 1962, appellant was sentenced by a Pennsylvania court to a term of 5-10 years after being convicted of burglary by a jury. He did not appeal.