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COM. ex rel. SWANN v. SHOVLIN

199 Pa.Super. 566 (1962)

Commonwealth ex rel. Swann, Appellant, v. Shovlin.

Superior Court of Pennsylvania.

December 12, 1962.

Attorney(s) appearing for the Case

Charles Swann, appellant, in propria persona.

Anthony J. Bonadio, Assistant District Attorney, and Richard E. McCormick, District Attorney, for appellee.

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

OPINION BY WOODSIDE, J., December 12, 1962:

The petitioner in this habeas corpus case was convicted in 1949 of assault and battery with intent to kill. He had shot his victim six times. He was sentenced to the Western Penitentiary for a term of three to seven years. Upon petition of Warden Ashe, he was duly committed to Farview State Hospital in 1950, after being found psychotic with a definite tendency to kill.

In 1961 he filed a petition for a writ of habeas...

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