Court of Appeals for the Third Circuit December 2, 1980, 80-1423 (John Edward Bishop v. J. F. Mazurkiewicz and the Attorney General of the Commonwealth of Pennsylvania. Appeal of Commonwealth of Pennsylvania)

OPINION OF THE COURT

CLARKSON S. FISHER, District Judge.

The Commonwealth of Pennsylvania appeals from the grant of a writ of

habeas corpus

by the district court. Petitioner is serving a four-to-ten-year sentence at Rockview, Pennsylvania, for voluntary manslaughter.

1

After the Supreme Court

*725

of Pennsylvania affirmed his conviction in a

per curiam

opinion, petitioner instituted this action.