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COM. ex rel. SIMPSON v. BURKE

171 Pa.Super. 527 (1952)

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

Superior Court of Pennsylvania.

July 17, 1952.

Attorney(s) appearing for the Case

Raymond Simpson, appellant, in propria persona, submitted a brief.

Michael von Moschzisker, First Assistant District Attorney, John T. Curtin, Assistant District Attorney, and Richardson Dilworth, District Attorney, for appellee, submitted a brief.

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

OPINION BY GUNTHER, J., July 17, 1952:

Relator was charged in the bill of indictment with having entered a "pay station telephone booth situated and located in the Broad Street Pennsylvania Station" in Philadelphia with intent to commit a felony therein. He has filed this petition for writ of habeas corpus alleging that a pay station telephone booth is not a building within the meaning of Section 901 of The Penal...

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