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COM. ex rel. GIBBS v. MYERS

204 Pa.Super. 512 (1965)

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

Superior Court of Pennsylvania.

January 4, 1965.

Attorney(s) appearing for the Case

John J. Duffy, with him Robert W. Lentz, and Lentz, Cantor, Kilgore and Duffy, for appellant.

Norman J. Pine, First Assistant District Attorney, with him A. Alfred Delduco, District Attorney, for appellee.

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

OPINION BY ERVIN, P.J., January 4, 1965:

In this case Lawrence Gibbs appeals from the order of the court below refusing a writ of habeas corpus.

The record indicates that Gibbs pleaded guilty on a charge of burglary and larceny on September 13, 1937 in the Court of Oyer and Terminer of Chester County. He was sentenced to a term of from ten to twenty years in the Eastern State Penitentiary and was ordered to pay a fine of $1,000.00 and the costs of prosecution...

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