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COM. ex rel. PATRICK v. BANMILLER

194 Pa.Super. 511 (1961)

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

Superior Court of Pennsylvania.

March 22, 1961.

Attorney(s) appearing for the Case

Hymen Schlesinger, for appellant.

William Claney Smith, Assistant District Attorney, with him Edward C. Boyle, District Attorney, for appellee.

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

OPINION BY WOODSIDE, J., March 22, 1961:

The petitioner in this habeas corpus case seeks release from the Eastern State Correctional Institution (formerly Eastern State Penitentiary) on a writ of habeas corpus filed in the Court of Common Pleas of Allegheny County. After taking testimony and hearing argument, that court dismissed the writ. The prisoner appealed.

The petitioner does not question a sentence...

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