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COM. ex rel. SELL v. BURKE

174 Pa.Super. 344 (1953)

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

Superior Court of Pennsylvania.

December 29, 1953.

Attorney(s) appearing for the Case

Irvin A. Sell, appellant, in propria persona.

Alfred C. Alspach, Assistant District Attorney and William C. Storb, District Attorney, for appellee.

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

OPINION BY RHODES, P.J., December 29, 1953:

Relator was indicted on December 12, 1950, in Lancaster County upon two bills of indictment each charging burglary and larceny.

At the time the true bills were found relator was incarcerated in the Huntingdon County jail from which he and an accomplice made their escape. Upon being apprehended they were convicted of prison breach and sentenced to the Western State Penitentiary. On January 29, 1952, relator was released...

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