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COM. ex rel. KUNKLE v. CLAUDY

171 Pa.Super. 557 (1952)

Commonwealth ex rel. Kunkle v. Claudy, Appellant.

Superior Court of Pennsylvania.

October 1, 1952.

Attorney(s) appearing for the Case

Frank P. Lawley, Jr., Assistant Deputy Attorney General, with him L. Alexander Sculco, District Attorney, Randolph C. Ryder, Deputy Attorney General, and Robert E. Woodside, Attorney General, for appellant.

D.J. Snyder, Jr., with him Elmer Kunkle, appellee, in propria persona.

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

OPINION BY RHODES, P.J., October 1, 1952:

This is an appeal by the Commonwealth1 from an order of a Judge of the Court of Common Pleas of Westmoreland County granting relator's petition for writ of habeas corpus and discharging him from the custody of the Warden of the Western State Penitentiary. Upon the appeal being taken a supersedeas was granted.

The determinative question is whether relator, having been convicted of a crime...

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