COM. ex rel. SIMCOX v. JOHNSTON


180 Pa.Super. 193 (1956)

Commonwealth ex rel. Simcox, Appellant, v. Johnston.

Superior Court of Pennsylvania.

January 17, 1956.


Attorney(s) appearing for the Case

Raymond Simcox, appellant, in propria persona.

Damian McLaughlin, District Attorney and Lindley R. McClelland, Assistant District Attorney, for appellee.

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


OPINION BY WOODSIDE, J., January 17, 1956:

This is an appeal from the refusal of the Court of Common Pleas of Erie County to grant a writ of habeas corpus to the relator, a prisoner at the Western State Penitentiary serving a sentence imposed by the courts of that county.

The prisoner contends that he was denied due process of law because (1) he was confined for four months and twenty days before he was given a preliminary hearing; (2) he was not given a speedy...

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