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COM. ex rel. OWENS v. CAVELL

207 Pa.Super. 167 (1965)

Commonwealth ex rel. Owens, Appellant, v. Cavell.

Superior Court of Pennsylvania.

December 16, 1965.

Attorney(s) appearing for the Case

George A. Owens, appellant, in propria persona.

Edwin J. Martin, Assistant District Attorney, and Robert W. Duggan, District Attorney, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, FLOOD, JACOBS, and HOFFMAN, JJ.

OPINION PER CURIAM, December 16, 1965:

Order affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

This is an appeal from an order of the lower court denying a petition for writ of habeas corpus without a hearing.

Appellant was found guilty of armed robbery in a nonjury proceeding and was sentenced. At the time of trial, the voluntary nature of a statement given to police by appellant was placed into issue. Based on the testimony of appellant and the...

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