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COM. ex rel. WHERRY v. MARONEY

201 Pa.Super. 441 (1963)

Commonwealth ex rel. Wherry, Appellant, v. Maroney.

Superior Court of Pennsylvania.

September 12, 1963.

Attorney(s) appearing for the Case

Ralph E. Wherry, appellant, in propria persona.

William C. Cahall, III, Assistant District Attorney, and Richard S. Lowe, District Attorney, for appellee.

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

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

Ralph E. Wherry has appealed from an order of the Court of Common Pleas of Montgomery County dismissing his petition for a writ of habeas corpus. It will be necessary to summarize the factual and procedural situation revealed by our examination of the original trial record.

On June 15, 1961, Wherry was arrested on charges of (1) sodomy and (2) corrupting the morals of children. On June 30, 1961, he waived indictment...

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