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COM. ex rel. SMILLEY v. CLAUDY

172 Pa.Super. 247 (1953)

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

Superior Court of Pennsylvania.

January 20, 1953.

Attorney(s) appearing for the Case

Thomas Smilley, appellant, in propria persona, submitted a brief.

Albert A. Fiok, Assistant District Attorney, with him James F. Malone, Jr., District Attorney, for appellee.

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

OPINION BY RHODES, P.J., January 20, 1953:

Relator petitioned the Court of Common Pleas of Allegheny County for a writ of habeas corpus. Answers were filed by the District Attorney of Allegheny County and the Warden of the Western State Penitentiary. Relator was present with counsel at the hearing on his petition on May 12, 1952, and testified. Finding that no material averment had been established, the hearing judge, President Judge GRAFF of the 33d Judicial District...

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