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COM. ex rel. FIRMSTONE v. BURKE

175 Pa.Super. 128 (1954)

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

Superior Court of Pennsylvania.

March 16, 1954.

Attorney(s) appearing for the Case

Nathaniel Firmstone, appellant, in propria persona, submitted a brief.

Daniel F. Knittle, Assistant District Attorney, with him Markin R. Knight, District Attorney, for appellee.

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

OPINION BY RHODES, P.J., March 16, 1954:

This is an appeal from the order of the Court of Common Pleas of Lycoming County, discharging rule and refusing relator's petition for a writ of habeas corpus.

Relator is serving a life sentence in the Eastern State Penitentiary imposed under the provisions of section 1108 of The Penal Code, Act of June 24, 1939, P.L. 872, 18 PS § 5108, and known as the Habitual Criminal Act.1

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