175 F.2d 555 | 3rd Cir. | 1948
Upon the present record neither this court nor the court below can ascertain whether or not the petitioner exhausted his State remedy in the habeas corpus proceeding which he instituted in the Court of Common Pleas of Allegheny County. See Commonwealth ex rel. Collins v. Ashe, 159
The order appealed from will be vacated and the cause will be remanded to the end that the’court below may supplement the record by receiving such further evidence as may be necessary and to dispose of the case as' the facts and the law- may 'require.