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COM. ex rel. LEARY v. DAY

178 Pa.Super. 583 (1955)

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

Superior Court of Pennsylvania.

July 21, 1955.

Attorney(s) appearing for the Case

Raymond Leary, appellant, in propria persona.

Paul R. Sand, Assistant District Attorney, Joseph E. Pappano, First Assistant District Attorney and Raymond R. Start, District Attorney, for appellee.

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

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

On May 19, 1954 relator filed his petition in the lower court for a "Writ of Error." According to its intent the petition was treated as an application for a writ of habeas corpus for the correction of an alleged error in his sentence for burglary and larceny under which he was then confined in the Eastern State Penitentiary. In his petition he also complained that the lower...

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