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COM. ex rel. STAINO v. CAVELL

207 Pa.Super. 274 (1966)

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

Superior Court of Pennsylvania.

March 24, 1966.

Attorney(s) appearing for the Case

David N. Savitt, with him John Patrick Walsh, for appellant.

C.J. Friedberg, Assistant District Attorney, with him H.W. Lightstone, District Attorney, for appellee.

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

OPINION PER CURIAM, March 24, 1966:

The six judges who heard the argument of this appeal being equally divided in opinion, the order of the court below is affirmed.

OPINION BY ERVIN, P.J., SUPPORTING THE AFFIRMANCE:

This is an appeal from an order of the court below dismissing appellant's petition for a writ of habeas corpus. It is the second time the case has been before us. In Com. v. Staino, 204 Pa.Super. 319

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