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COM. ex rel. BERRY v. ASHE

167 Pa.Super. 171 (1950)

Commonwealth ex rel. Berry, Appellant, v. Ashe, Warden.

Superior Court of Pennsylvania.

July 20, 1950.

Attorney(s) appearing for the Case

Edward A. Heights, for appellant.

No appearance was made nor brief submitted for appellee.

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

PER CURIAM, July 20, 1950:

The Court of Common Pleas of Allegheny County dismissed relator's petition for writ of habeas corpus and refused the writ. Relator has appealed.

The court below decided the matter on relator's petition, the answers thereto, and the original records. See Com. v. Curry, 285 Pa. 289, 298, 299, 132 A. 370.

The petition merely avers that the relator was not at any time represented by counsel, and that he did not waive the...

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