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COM. ex rel. HEATON v. HARVEY

193 Pa.Super. 315 (1960)

Commonwealth ex rel. Heaton, Appellant, v. Harvey.

Superior Court of Pennsylvania.

September 20, 1960.

Attorney(s) appearing for the Case

John Woodcock, Jr., for appellant.

Blair L. McKillip, Jr., Assistant District Attorney, with him Frank B. Warfel, District Attorney, for appellee.

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

OPINION PER CURIAM, September 20, 1960:

Order affirmed on the opinion of the Court below.

DISSENTING OPINION BY MONTGOMERY, J.:

Relator was arrested on teletype information without a warrant on June 24, 1959. He was held in the Altoona City Jail until July 9. On that day an information was made before a local magistrate charging him under the name of Melvin T. Heaton with having escaped from State Prison of North Carolina on June 17, 1959, and thereby...

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