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COM. EX REL. WALTON v. AYTCH

466 Pa. 172 (1976)

352 A.2d 4

COMMONWEALTH of Pennsylvania ex rel. George WALTON, Appellee, v. Louis AYTCH, Superintendent, Philadelphia County Prisons, Appellant (two cases).

Supreme Court of Pennsylvania.

Decided January 29, 1976.

Rehearing Denied March 5, 1976.

Attorney(s) appearing for the Case

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Carolyn E. Temin, Philadelphia, for appellant.

Bashman, Deutsch & Bernstein, Stanley Bashman, Philadelphia, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION OF THE COURT

EAGEN, Justice.

This is an appeal by the Commonwealth from an order of the Court of Common Pleas of Philadelphia granting a petition for a writ of habeas corpus.1 The petition was filed following the sua sponte declaration of a mistrial by the trial judge in Commonwealth v. Walton. The court granted the petition because it determined that any attempted...

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