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HOLMES' APPEAL

379 Pa. 599 (1954)

Holmes' Appeal.

Supreme Court of Pennsylvania.

November 23, 1954.

Attorney(s) appearing for the Case

William J. Woolston, for appellant.

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

Frank P. Lawley, Jr., Deputy Attorney General, with him Harry F. Stambaugh, Special Counsel and Frank F. Truscott, Attorney General, for Commonwealth, under Rule 46.

John Rogers Carroll and Thomas A. Masterson filed a brief for American Civil Liberties Union, amicus curiae.

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

OPINION BY MR. CHIEF JUSTICE HORACE STERN, November 23, 1954:

We allowed an appeal in this case from the order of the Superior Court (175 Pa.Super. 137, 103 A.2d 454) because appellant's petition asserted that questions of his constitutional rights were involved.

Appellant, Joseph Holmes, had been in trouble with the authorities several times before the proceedings which gave...

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