OPINION BY MONTGOMERY, J., June 13, 1962:
At No. 280 July Term, 1961, of the lower court, relator filed a petition for a writ of habeas corpus which was dismissed on April 7, 1961. Relator appealed to this Court from the order of dismissal but discontinued his appeal on September 22, 1961. Subsequently he presented an identical petition to the court below at
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