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COM. ex rel. SMITH v. BANMILLER

190 Pa.Super. 326 (1959)

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

Superior Court of Pennsylvania.

September 16, 1959.

Attorney(s) appearing for the Case

George F. Smith, appellant, in propria persona.

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

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

OPINION PER CURIAM, September 16, 1959:

This is an appeal by relator from an order of the Court of Common Pleas No. 5 of Philadelphia County, dismissing a petition for writ of habeas corpus without a hearing on the merits. Judge REIMEL'S order refusing the writ was dated November 28, 1958. Relator had been tried before a jury, and was found guilty on bills Nos. 768 to 771, February Sessions, 1953, charging robbery

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