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COMMONWEALTH EX REL. SHERMAN v. BURKE (01/05/50)

January 5, 1950

COMMONWEALTH EX REL. SHERMAN
v.
BURKE, WARDEN



Original jurisdiction, No. 269, Miscellaneous Docket, No. 9. Petition for writ of habeas corpus, in case of Commonwealth of Pennsylvania ex rel. Charles Sherman v. C. J. Burke, Warden, Eastern State Penitentiary. Petition denied.

COUNSEL

Michael von Moschzisker, with him Louis Lipschitz and Thomas D. McBride, for relator.

James W. Tracey, Jr., First Assistant District Attorney, with him John H. Maurer, District Attorney, for Commonwealth.

Before Maxey, C.j., Stern, Stearne and Jones, JJ.

[ 364 Pa. Page 199]

OPINION PER CURIAM

On the showing made by the petitioner, the question involved is whether he is now eligible for parole. A petition for a writ of habeas corpus is not the proper procedure for obtaining an adjudication of the petitioner's alleged rights in the premises: cf. Kinsella v. Board of Trustees, 340 Pa. 497, 498, 17 A.2d 882.

Petition denied.

Disposition

Petition denied.

19500105

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