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COM. ex rel. MAGARAHAN v. BURKE

171 Pa.Super. 111 (1952)

Commonwealth ex rel. Magarahan, Appellant, v. Burke.

Superior Court of Pennsylvania.

July 17, 1952.

Attorney(s) appearing for the Case

Charles Magarahan, appellant, in propria persona, and Herman I. Pollock, submitted a brief.

Richardson Dilworth, District Attorney, Michael von Moschzisker, First Assistant District Attorney and Malcolm Berkowitz, Assistant District Attorney, for appellee, submitted a brief.

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

OPINION BY RHODES, P.J., July 17, 1952:

This is an appeal from the order of the Court of Common Pleas No. 5 of Philadelphia County dismissing relator's petition for writ of habeas corpus. A rule to show cause was allowed upon filing of the petition, and a hearing was held at which relator was present and testified.

Relator's contention is that he has been arbitrarily denied credit for the time spent on parole, and that he should have been discharged on April...

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