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COM. ex rel. PAYLOR v. CLAUDY

173 Pa.Super. 336 (1953)

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

Superior Court of Pennsylvania.

July 14, 1953.

Attorney(s) appearing for the Case

Everett E. Utterback, with him Richard F. Jones and Henry R. Smith, Jr., for appellant.

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

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

OPINION BY RHODES, P.J., July 14, 1953:

Relator was tried and convicted in the Court of Oyer and Terminer of Allegheny County upon three bills of indictment, which were consolidated for trial — No. 3, June Sessions, 1944, charging rape; No. 2, June Sessions, 1944, charging robbery with aggravating circumstances; No. 9, June Sessions, 1944, charging assault and battery with intent to ravish. On June 13, 1944, he was sentenced to the Western State Penitentiary...

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