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COM. ex. rel. GRYGER v. BURKE

173 Pa.Super. 458 (1953)

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

Superior Court of Pennsylvania.

July 14, 1953.

Attorney(s) appearing for the Case

Randolph C. Ryder, Deputy Attorney General, with him Frank P. Lawley, Jr., Assistant Deputy Attorney General and Robert E. Woodside, Attorney General, for appellant.

Miles Warner, Assistant Voluntary Defender, with him Herman I. Pollock, Voluntary Defender, for appellee.

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

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

This is an appeal by the Attorney General on behalf of the Commonwealth of Pennsylvania from an order of the Court of Common Pleas No. 7 of Philadelphia County granting a writ of habeas corpus and setting aside the sentence of life imprisonment imposed upon relator, Francis Joseph Gryger, on November 27, 1944, by the Court of Oyer and Terminer of Philadelphia County (No. 461, June Sessions, 1943), as an habitual criminal under...

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