COM. ex rel. LOCKHART v. MYERS


193 Pa.Super. 531 (1960)

Commonwealth ex rel. Lockhart, Appellant, v. Myers.

Superior Court of Pennsylvania.

November 16, 1960.


Attorney(s) appearing for the Case

Sylvester Lockhart, Jr., appellant, in propria persona.

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

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


OPINION BY WRIGHT, J., November 16, 1960:

Sylvester Lockhart, Jr. has appealed from an order of Court of Common Pleas No. 5 of Philadelphia County, entered April 28, 1960, dismissing his petition for a writ of habeas corpus. We have carefully reviewed the voluminous original trial record, which discloses the following factual situation:

On February 5, 1954, appellant, in company with Nathanial R. Spencer, Emmit Bethea, and Robert W. Batchelor, committed an...

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