COMMONWEALTH ex rel. TATE v. BURKE


364 Pa. 179 (1950)

Commonwealth ex rel. Tate v. Burke, Warden.

Supreme Court of Pennsylvania.

February 7, 1950.


Attorney(s) appearing for the Case

Herbert L. Maris, for relator.

Ralph B. Umsted, Deputy Attorney General, with him T. McKeen Chidsey, Attorney General, for Pennsylvania Board of Parole, intervening defendant.

Before MAXEY, C.J., DREW, LINN, STERN, STEARNE and JONES, JJ.


OPINION BY MR. JUSTICE JONES, February 7, 1950:

This proceeding was initiated by the relator's original petition for a writ of habeas corpus whereon a rule was granted requiring the warden of the Eastern State Penitentiary and the district attorney of Dauphin County to show cause why the writ should not issue. On petition, the Pennsylvania Board of Parole was permitted to intervene as a party respondent (see Act of May 28, 1915, P.L. 616, 12 PS § 145) and, thereafter...

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