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COM. ex rel. CHATARY v. NAILON

202 Pa.Super. 451 (1964)

Commonwealth ex rel. Chatary, Appellant, v. Nailon.

Superior Court of Pennsylvania.

March 17, 1964.

Attorney(s) appearing for the Case

David C. Harrison, with him Mitchell A. Kramer and Matthew Kramer, for appellant.

William C. Cahall, III, Assistant District Attorney, for appellee.

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

OPINION BY RHODES, P.J., March 17, 1964:

This is an appeal from an order of the Court of Common Pleas of Montgomery County dismissing relator's petition for a writ of habeas corpus after hearing.

The question raised is whether habeas corpus may be used to contradict the record and establish that the crime was not committed in the county where the conviction took place. See Com. ex rel. Ritchey v. McHugh, 189 Pa.Super. 515

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