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COM. ex rel. WAGNER v. TEES

174 Pa.Super. 475 (1953)

Commonwealth ex rel. Wagner, Appellant, v. Tees.

Superior Court of Pennsylvania.

December 29, 1953.

Attorney(s) appearing for the Case

Bernard Wagner, appellant, in propria persona.

Raymond R. Start, District Attorney, Joseph E. Pappano, First Assistant District Attorney and J. Harold Hughes, Assistant District Attorney, for appellee.

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

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

Relator presented a petition for writ of habeas corpus to the Court of Common Pleas of Delaware County on July 16, 1953. No answer was filed and no hearing was held. On July 17, 1953, the court dismissed the petition. From that order relator has appealed to this Court.

Relator had been tried and convicted on September 30, 1952, in the Court of Quarter Sessions...

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