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COM. ex rel. CHANEY v. CAVELL

185 Pa.Super. 82 (1958)

Commonwealth ex rel. Chaney, Appellant, v. Cavell.

Superior Court of Pennsylvania.

January 21, 1958.

Attorney(s) appearing for the Case

James Chaney, appellant, in propria persona.

William Claney Smith, Assistant District Attorney, and Edward C. Boyle, District Attorney, for appellee.

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

OPINION BY WRIGHT, J., January 21, 1958:

On February 11, 1957, James Chaney, an inmate of the Western State Penitentiary, petitioned the Court of Common Pleas of Allegheny County for a writ of habeas corpus. The petition was summarily dismissed by the court below, without hearing, "inasmuch as the petition sets forth no complaints which can properly be considered under a petition for a writ of habeas corpus". Chaney has appealed.

Appellant was indicted in...

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