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COM. ex rel. DE POE v. ASHE

167 Pa.Super. 23 (1950)

Commonwealth ex rel. De Poe, Appellant, v. Ashe, Warden.

Superior Court of Pennsylvania.

July 20, 1950.

Attorney(s) appearing for the Case

John J. Cohen, for appellant.

Owen B. McManus, Assistant District Attorney, with him William S. Rahauser, District Attorney, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ.

PER CURIAM, July 20, 1950:

A petition for writ of habeas corpus is not a substitute for an appeal. Consequently, the order of the Court of Common Pleas of Allegheny County dismissing relator's petition and refusing a writ of habeas corpus will be affirmed.

Relator was convicted by a jury of sodomy and attempted statutory rape, in the Court of Oyer and Terminer of Allegheny County, on bills of indictment charging him with sodomy and statutory rape. Relator...

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