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COM. ex rel. GODFREY v. BANMILLER

193 Pa.Super. 344 (1960)

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

Superior Court of Pennsylvania.

November 16, 1960.

Attorney(s) appearing for the Case

Eugene Godfrey, appellant, in propria persona.

Domenick Vitullo, Assistant District Attorney, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, November 16, 1960:

This appeal is from an order of the court below denying relator's petition for writ of habeas corpus.

Relator was returned on February 13, 1959, to the State Correctional Institution at Philadelphia, formerly the Eastern State Penitentiary, as a convicted parole violator, and entered to serve the unexpired portion of a prior sentence.

On February 27, 1934, relator pleaded guilty to "entering with intent to steal...

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