COM. ex rel. HAIRSTON v. MYERS


202 Pa.Super. 214 (1963)

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

Superior Court of Pennsylvania.

December 12, 1963.


Attorney(s) appearing for the Case

Eugene Hairston, appellant, in propria persona.

William H. Wolf, Jr. and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

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


OPINION BY WRIGHT, J., December 12, 1963:

Eugene Hairston has appealed from an order of Court of Common Pleas No. 5 of Philadelphia County dismissing his petition for a writ of habeas corpus. It will be necessary to summarize the factual and procedural background revealed by our examination of the voluminous original record.

On February 26, 1957, at about five o'clock p.m., appellant entered a grocery store in West Philadelphia, a few blocks from his home...

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