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COM. ex rel. KITCHEN v. BURKE

175 Pa.Super. 597 (1954)

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

Superior Court of Pennsylvania.

July 13, 1954.

Attorney(s) appearing for the Case

Herman Bloom, for appellant.

Martin Vinikoor, with him Samuel Dash, Assistant District Attorneys, Michael von Moschzisker, First Assistant District Attorney and Richardson Dilworth, District Attorney, for appellee.

Before ROSS, GUNTHER, WRIGHT, WOODSIDE and ERVIN, JJ.

OPINION BY ERVIN, J., July 13, 1954:

This is an appeal from the order of the lower court dismissing a petition for a writ of habeas corpus after hearing. John R. Kitchen, the appellant, was convicted on May 7, 1943, before the late Judge HARRY S. McDEVITT and a jury on charges of robbery, rape, etc. No motions in arrest of judgment or for a new trial were filed. Appellant was sentenced to imprisonment in the Eastern State Penitentiary for a period of not less than...

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