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COMMONWEALTH EX REL. McNEAIR v. BANMILLER

No. 5765.

10 Pa. D. & C. 2d 785 (1957)

Commonwealth ex rel. McNeair v. Banmiller

Common Pleas Court of Philadelphia County, Pennsylvania.

May 16, 1957.

Attorney(s) appearing for the Case

Joseph McNeair, p. p., for petitioner.

Juanita K. Stout, Assistant District Attorney, and Victor H. Blanc, District Attorney, contra.

SLOANE, J., May 16, 1957.

Matters not raised below cannot be invoked on appeal unless the matter involves that degree of error so fundamental as to vitiate the whole proceeding below: Commonwealth v. Schultz, 170 Pa.Super. 504, cert. den. 344 U.S. 868. In this petition for a writ of habeas corpus, relator would have us go one step further. He would have us consider in this petition allegations of error which could not be raised...

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