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COM. ex rel. WOLCOTT v. BURKE

173 Pa.Super. 473 (1953)

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

Superior Court of Pennsylvania.

July 14, 1953.

Attorney(s) appearing for the Case

Carl Wolcott, appellant, in propria persona.

C. Wayne Smyth, District Attorney, for appellee.

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

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

Relator had been convicted on a charge of burglary and sentenced on November 5, 1935, to the Eastern State Penitentiary for a term of not less than five years nor more than ten years. He was subsequently paroled. While on parole, he was indicted at No. 6, December Term, 1941, in the Court of Quarter Sessions of Bradford County. This indictment charged that on or about May 9, 1941, the relator "did unlawfully, wilfully and maliciously...

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