United States of America Ex Erl. Edward C. Behm, Appellant, v. Harry E. Russell, Superintendent State Correctionalinstitution, Huntingdon, Pennsylvania, 371 F.2d 1016 (3d Cir. 1967)

The appellant, a state prisoner, has appealed from the denial of his petition for habeas corpus. His principal contention is that he pleaded guilty without the constitutionally essential benefit of counsel. With adequate justification in the record, the disputed factual issues concerning the appointemnt and conduct of counsel have been decided against the appellant. Accordingly, the collateral attack upon his conviction fails.

The court notes with disapproval the failure of counsel for the appellee to file a brief and an appendix which might have facilitated our consideration of this appeal.

The judgment will be affirmed.