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COM. ex rel. WAGNER v. DAY

178 Pa.Super. 506 (1955)

Commonwealth ex rel. Wagner, Appellant, v. Day.

Superior Court of Pennsylvania.

July 21, 1955.

Attorney(s) appearing for the Case

Bernard Wagner, appellant, in propria persona.

J. Harold Hughes, Assistant District Attorney, with him Joseph E. Pappano, First Assistant District Attorney and Raymond R. Start, District Attorney, for appellee.

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

OPINION BY WOODSIDE, J., July 21, 1955:

This is an appeal from the lower court's dismissal of the relator's third petition for a writ of habeas corpus brought since he was sentenced to a total of 3 to 6 years in the Eastern Penitentiary on two convictions of aggravated assault and battery upon his wife.

One of the convictions was based upon an information made before Alderman Lowry of Chester charging ...

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