COMMONWEALTH v. MILLER


211 Pa.Super. 485 (1968)

Commonwealth v. Miller, Appellant.

Superior Court of Pennsylvania.

March 15, 1968.


Attorney(s) appearing for the Case

Richard E. Miller, appellant, in propria persona.

R. Hart Beaver, District Attorney, for Commonwealth, appellee.

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


OPINION PER CURIAM, March 15, 1968:

Order affirmed.

DISSENTING OPINION BY HOFFMAN, J.:

Petitioner pleaded guilty to the crime of prison breach and was sentenced on November 22, 1963 to a term of not less than two nor more than five years. On August 7, 1964, petitioner filed a petition for writ of habeas corpus. No hearing was held and no appeal was taken from the denial of that petition. Petitioner received no aid of counsel with this petition.

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