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COM. ex rel. TILLER v. DYE

177 Pa.Super. 388 (1955)

Commonwealth ex rel. Tiller, Appellant, v. Dye.

Superior Court of Pennsylvania.

January 14, 1955.

Attorney(s) appearing for the Case

A.N. Brunwasser, for appellant.

Albert A. Fiok, Assistant District Attorney, with him James F. Malone, Jr., District Attorney, for appellee.

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

OPINION BY RHODES, P.J., January 14, 1955:

Relator, on May 14, 1954, presented a petition for writ of habeas corpus to the Court of Common Pleas of Allegheny County. He alleged therein that he was confined in the Allegheny County Jail on a charge of attempted burglary,1 and that such detention was illegal as no prima facie case was made out at the preliminary hearing before the magistrate...

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