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COM. ex rel. ROGERS v. HARRIS

180 Pa.Super. 323 (1956)

Commonwealth ex rel. Rogers, Appellant, v. Harris.

Superior Court of Pennsylvania.

January 17, 1956.

Attorney(s) appearing for the Case

Joseph Rogers, appellant, in propria persona.

C.J. Friedberg, Assistant District Attorney, with him R.M. Harris, District Attorney and D.W. Bechtel, First Assistant District Attorney, for appellee.

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

OPINION BY RHODES, P.J., January 17, 1956:

This appeal by relator is from an order dismissing his petition for writ of habeas corpus.

The petition was filed on November 16, 1954,1 and, although it was captioned in the Court of Common Pleas of Schuylkill County, it was inadvertently marked filed in the court of quarter sessions. Answer was filed thereto by the District Attorney of Schuylkill County. We shall treat the appeal the...

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