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COM. ex rel. HENDERSON v. KRUGER

180 Pa.Super. 374 (1956)

Commonwealth ex rel. Henderson, Appellant, v. Kruger.

Superior Court of Pennsylvania.

January 17, 1956.

Attorney(s) appearing for the Case

Leon Rosenfield, with him John Patrick Walsh, for appellant.

Victor Wright, Assistant District Attorney, with him Francis A. Biunno, Assistant District Attorney, and Samuel Dash, District Attorney, for appellee.

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

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

This is an appeal from the order of the Court of Common Pleas No. 6 of Philadelphia County discharging a rule to show cause why a writ of habeas corpus should not be granted to William Henderson, the relator, and dismissing his petition after an answer had been filed and a hearing held thereon.

The facts are stipulated as follows: William Henderson, Thomas Marney and Eugene Miller were indicted jointly on one bill, No...

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