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COM. ex rel. SALERNO v. BANMILLER

189 Pa.Super. 156 (1959)

Commonwealth ex rel. Salerno, Appellant, v. Banmiller.

Superior Court of Pennsylvania.

March 18, 1959.

Attorney(s) appearing for the Case

Paul N. Gardner, for appellant.

Charles L. Durham, Assistant District Attorney, with him Juanita Kidd Stout, Assistant District Attorney, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.

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

OPINION BY WOODSIDE, J., March 18, 1959:

This is an appeal from the order of the court below dismissing a petition for a writ of habeas corpus brought by a prisoner seeking his release.

The relevant facts are as follows: The petitioner, James F. Salerno, was sentenced in Philadelphia to a term of 1 to 3 years, effective April 9, 1954. He was received in the Eastern Correctional Diagnostic and Classification Center and from there transferred to the State Penitentiary...

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