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COM. EX REL. MALLORY v. MYERS

No. 3384.

29 Pa. D. & C. 2d 557 (1963)

Commonwealth ex rel. Mallory v. Myers

Common Pleas Court of Philadelphia County, Pennsylvania.

March 6, 1963.

Attorney(s) appearing for the Case

Andrew R. Mallory, p. p., realtor.

James C. Crumlish, Jr., District Attorney, and Gordon Gelfond, Assistant District Attorney, for respondent.

GUERIN, J., March 6, 1963.

Relator's petition for a writ of habeas corpus assigns the following reasons for the granting of his petition:

1. The sentence was excessive.

2. The sentence was not supported by the evidence, and the Commonwealth failed to prove the crime of burglary.

3. There is repeated the assertion that the Commonwealth failed to show that the crime of burglary was committed; that the sentence on the aggravated assault and battery...

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