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COM. ex rel. STONER v. MYERS

199 Pa.Super. 341 (1962)

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

Superior Court of Pennsylvania.

November 15, 1962.

Attorney(s) appearing for the Case

Kenneth F. Lee, with him Black and Davison, for appellant.

Jay L. Benedict, Jr., District Attorney, for appellee.

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

OPINION BY RHODES, P.J., November 15, 1962:

This is an appeal by relator from an order of the Court of Common Pleas of Franklin County dismissing relator's petition for a writ of habeas corpus. A trial before a judge and a jury, on September 24, 1960, resulted in relator's conviction on both counts of indictment charging (1) burglary, and (2) larceny. Sentence to a term of five to ten years was imposed on the burglary count and a similar sentence (later corrected...

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