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COM. ex rel. SMITH v. BANMILLER

194 Pa.Super. 566 (1961)

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

Superior Court of Pennsylvania.

March 22, 1961.

Attorney(s) appearing for the Case

Robert Smith, appellant, in propria persona.

William H. Wolf, Jr. and Arlen Spector, Assistant District Attorneys, 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., March 22, 1961:

On August 17, 1960, in Court of Common Pleas No. 5 of Philadelphia County, Robert Smith filed a petition for a writ of habeas corpus, upon the presentation of which petition a rule to show cause was granted. Answers were filed by the Superintendent of the State Correctional Institution at Philadelphia, Pennsylvania, and by the District Attorney of Philadelphia County. On...

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