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COMMONWEALTH v. HUDE

242 Pa.Super. 555 (1976)

364 A.2d 413

COMMONWEALTH of Pennsylvania v. Manfred HUDE, Appellant.

Superior Court of Pennsylvania.

September 27, 1976.

Attorney(s) appearing for the Case

Thomas F. Traud, Jr., Allentown (Court-appointed), for appellant.

Richard J. Orloski, Allentown, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

PRICE, Judge.

This appeal follows the dismissal by the lower court of appellant's petition for a writ of habeas corpus. We find that the writ should not have been dismissed and we will, therefore, reverse the order of the lower court and grant appellant's petition.

The facts briefly stated indicate that appellant was incarcerated in the Lehigh County Prison on March 7, 1975, for multiple drug charges. On April 9, 1975, while

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