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COM. ex rel. HAUN v. CAVELL

190 Pa.Super. 346 (1959)

Commonwealth ex rel. Haun v. Cavell, Appellant.

Superior Court of Pennsylvania.

September 16, 1959.

Attorney(s) appearing for the Case

Frank P. Lawley, Jr., Deputy Attorney General, with him Robert A. Jarvis, and Anne X. Alpern, Attorney General, for appellant.

Henry S. Moore, for appellee.

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

OPINION BY WOODSIDE, J., September 16, 1959:

This habeas corpus case, brought by a prisoner to obtain his release from the Western State Penitentiary, presents a legal problem with serious implications. It comes before us on appeal by the Attorney General from an order of the court below directing that the petitioner be discharged.1

If the holding of the court below is correct...

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