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COMMONWEALTH EX REL. v. DAY

No. 172.

6 Pa. D. & C. 2d 466 (1955)

Commonwealth ex rel. v. Day

Common Pleas Court of Philadelphia County, Pennsylvania.

August 23, 1955.

Attorney(s) appearing for the Case

Samuel Dash and Malcolm W. Berkowitz, for Commonwealth.

Albert Konefsky, for petitioner.

CRUMLISH, J., August 23, 1955.

Relator has filed this writ of habeas corpus alleging that he is confined and detained unlawfully in the State penitentiary for the reason that the act of assembly does not define the crime of incestuous adultery, for which crime he was sentenced.

By answer, the district attorney denies relator is being detained unlawfully, and further denies that the act of assembly has not defined incestuous adultery.

The answer of...

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