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COMMONWEALTH ex rel. HATTON v. DYE

373 Pa. 502 (1953)

Commonwealth ex rel. Hatton v. Dye.

Supreme Court of Pennsylvania.

April 22, 1953.

Attorney(s) appearing for the Case

Albert A. Fiok, Assistant District Attorney, with him James F. Malone, Jr., District Attorney, for appellant.

Albert Martin, for appellee.

Henry R. Smith, Jr., and Owen B. McManus, Jr., filed a brief for Petitioner, amicus curiae.

Before STERN, C.J., STEARNE, JONES, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE CHIDSEY, April 22, 1953:

This is an appeal by the Commonwealth from the order of the court below which discharged Everett Hatton on a writ of habeas corpus. The National Association for the Advancement of Colored People filed a brief amicus curiae.

On February 19, 1930 the relator, then seventeen years old, was convicted in Jones County, Mississippi, of assault with intent to rape and was sentenced...

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