Court of Appeals for the Third Circuit May 20, 1969, 17374 (United States of America Ex Rel. Joseph Fidtler v. Edward J. Hendrick, Supt. Phila. Prisons)

OPINION OF THE COURT

BIGGS, Circuit Judge.

Fidtler was indicted in the Court of Quarter Sessions of the Peace, Philadelphia County, at No. 2532: Count 1, for assault with an offensive weapon against Dr. David Collier with intent to rob him, and Count 2, for robbing Dr. Collier of currency, a watch and narcotics. Fidtler was also indicted at No.