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COM. ex rel. GODFREY v. BANMILLER

404 Pa. 401 (1961)

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

Supreme Court of Pennsylvania.

June 26, 1961.

Attorney(s) appearing for the Case

Herman I. Pollock, Defender, for appellant.

Arlen Specter, Assistant District Attorney, with him Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

OPINION BY MR. JUSTICE EAGEN, June 26, 1961:

This is an appeal from a decision of the Superior Court affirming an order of the lower court dismissing appellant's petition for a writ of habeas corpus.

The facts are not in dispute. On February 27, 1934, Godfrey, the appellant, pleaded guilty in the Philadelphia county court to an indictment (No. 845 February Sessions, 1934) charging "entering with an intent to steal." He was sentenced to a term of not less than...

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