COMMONWEALTH EX REL. DOTE v. BURKE, WARDEN


78 Pa. D. & C. 382 (1951)

Commonwealth ex rel. Dote v. Burke, Warden

Common Pleas Court of Lackawanna County, Pennsylvania.

October 26, 1951.


Attorney(s) appearing for the Case

Carlon M. O'Malley, for Commonwealth.

Alphonse Dote, p.p.


ROBINSON, P.J., October 26, 1951.

Relator petitioned for a writ of habeas corpus designed to secure his release from the new Eastern State Penitentiary at Graterford, Montgomery County, in this Commonwealth. The District Attorney of Lackawanna County filed an answer to the petition and relator in turn filed a "traverse" to the Commonwealth's pleading. The facts are sufficiently established by the pleadings to permit disposal of the application.

Petitioner...

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