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COM. ex rel. GAITO v. CLAUDY

172 Pa.Super. 236 (1953)

Commonwealth ex rel. Gaito, Appellant, v. Claudy.

Superior Court of Pennsylvania.

January 20, 1953.

Attorney(s) appearing for the Case

D.W. MacDonald Jr., for appellant.

John I. Munson, Assistant District Attorney, with him Fred L. Brothers, District Attorney, for appellee.

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

PER CURIAM, January 20, 1953:

This is relator's second petition for writ of habeas corpus in the Court of Common Pleas of Fayette County. The first petition was dismissed on August 9, 1951. No appeal was taken from that order.1

The second petition was dismissed on February 13, 1952, as it presented no substantial issue of fact or law not raised, considered, and decided in the former proceeding. Relator has appealed from this order...

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