COM. ex rel. HARRIS v. BURKE


374 Pa. 43 (1953)

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

Supreme Court of Pennsylvania.

May 27, 1953.


Attorney(s) appearing for the Case

Herbert L. Maris, for appellant.

Samuel Dash, Assistant District Attorney, with him Martin Vinikoor, Assistant District Attorney, Michael von Moschzisker, First Assistant District Attorney and Richardson Dilworth, District Attorney, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.


OPINION BY MR. CHIEF JUSTICE HORACE STERN, May 27, 1953:

The facts presented by relator on this appeal would seem reasonably to justify his claim that he is entitled to some relief, but he has mistaken his remedy.

At about 2:00 A.M. on March 4, 1926, relator and a companion, one McQueen, were walking north on Tenth Street above Lombard Street, in Philadelphia. They were accosted by two policemen. Relator and McQueen drew their revolvers, and shots were exchanged...

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