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COM. ex rel. CUNIFF v. CAVELL

185 Pa.Super. 128 (1958)

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

Superior Court of Pennsylvania.

January 21, 1958.

Attorney(s) appearing for the Case

Edward Cuniff, appellant, in propria persona.

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

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

OPINION BY RHODES, P.J., January 21, 1958:

This appeal is from the dismissal by the Court of Common Pleas of Allegheny County of relator's petition for writ of habeas corpus.

Relator was indicted on September 6, 1955, at No. 13, September Sessions, 1955, in the Court of Oyer and Terminer of Allegheny County on the charge of burglary. On October 20, 1955, on motion of the district attorney a nolle prosequi was entered on the indictment. On January 5, 1956,...

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