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COM. ex rel. BRUCE v. BURKE

170 Pa.Super. 642 (1952)

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

Superior Court of Pennsylvania.

July 17, 1952.

Attorney(s) appearing for the Case

Benjamin L. Long, with him McGinnis & Long, and John W. Bruce, in propria persona, for appellant.

Armand Della Porta, Assistant District Attorney, with him Michael von Moschzisker, First Assistant District Attorney and Richardson Dilworth, District Attorney, for appellee.

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

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

Relator, following his arrest on January 2, 1947, was indicted on four bills, each charging sodomy. On January 24, 1947 he pleaded guilty in open court to the charges and was sentenced by Judge McDEVITT to a term of not less than five years nor more than ten years in the Eastern Penitentiary. In an effort to have his convictions and sentence set aside, relator on September 20, 1951, petitioned the common pleas of Philadelphia for...

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