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COM. ex rel. TERRY v. BANMILLER

189 Pa.Super. 178 (1959)

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

Superior Court of Pennsylvania.

March 18, 1959.

Attorney(s) appearing for the Case

Joseph Patrick Gorham, for appellant.

Domenick Vitullo, 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., GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ. (HIRT, J., absent).

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

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

The petitioner, Charles A. Terry, was sentenced for murder in 1932 to a term of life imprisonment. In 1942 the Governor, on the recommendation of the Board of Pardons, commuted the sentence to a minimum of ten years, one month, and a maximum of life. The prisoner was released on July 3, 1942. He was...

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