COM. ex rel. HOWARD v. CLAUDY


175 Pa.Super. 1 (1954)

Commonwealth ex rel. Howard, Appellant, v. Claudy.

Superior Court of Pennsylvania.

January 19, 1954.


Attorney(s) appearing for the Case

Gustav W. Wilde, for appellant.

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

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


OPINION BY WOODSIDE, J., January 19, 1954:

On September 21, 1951, relator filed a petition for writ of habeas corpus in which he alleged, among other things, that he was not present when the jury returned its verdict. After hearing, the court below, on December 21, 1951, dismissed the petition. On appeal, this court affirmed the court below except as to the finding that relator was present when the verdict was returned...

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