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COM. ex rel. La TEMPA v. BURKE

175 Pa.Super. 513 (1954)

Commonwealth ex rel. La Tempa, Appellant, v. Burke.

Superior Court of Pennsylvania.

July 13, 1954.

Attorney(s) appearing for the Case

John La Tempa, appellant, in propria persona.

William J. Kearney, First Assistant District Attorney, and Carlon M. O'Malley, District Attorney, for appellee.

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

OPINION BY RHODES, P.J., July 13, 1954:

This is an appeal from an order of the Court of Common Pleas of Lackawanna County discharging a rule to show cause why a writ of habeas corpus should not be granted, refusing the writ, and remanding relator to the Eastern State Penitentiary.

Relator was indicted in the Court of Quarter Sessions of Lackawanna County upon charges of attempted extortion (section 806 of the Act of June 24, 1939, P.L. 872, 18 PS § 4806...

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