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COM. ex rel. BAERCHUS v. BURKE

172 Pa.Super. 400 (1953)

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

Superior Court of Pennsylvania.

January 20, 1953.

Attorney(s) appearing for the Case

Lois G. Forer, for appellant.

Ralph P. Needle, Assistant District Attorney of Lackawanna County, with him Carlon M. O'Malley, District Attorney of Lackawanna County, J. Stroud Weber, District Attorney of Montgomery County, and C. Howard Harry, Jr., Assistant District Attorney of Montgomery County, for appellee.

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

OPINION BY DITHRICH, J., January 20, 1953:

Relator, Anthony Baerchus, was convicted of burglary and larceny in the Court of Oyer and Terminer of Lackawanna County and sentenced December 8, 1947, to three consecutive terms of five to ten years in the Eastern State Penitentiary on the burglary charges. Sentence was deferred on the charges of larceny. On January 27, 1950, having filed a petition for a writ of habeas corpus, he was granted a hearing in the Court of Common...

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