January 17, 1952
COMMONWEALTH EX REL. COLLINS
CLAUDY, WARDEN, WESTERN STATE PENITENTIARY
Harvey A. Miller, Pittsburgh, for appellant.
William S. Rahauser, Dist. Atty., Henry R. Smith, Jr., Asst. Dist. Atty., Pittsburgh, for appellee.
Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Arnold and Gunther, JJ.
[ 170 Pa. Super. Page 200]
This is the second time relator has petitioned the Court of Common Pleas of Allegheny County for a discharge on a writ of habeas corpus; and this is the second appeal to this Court from the dismissal of his petition. The facts and the issues are the same in both proceedings. The matter having been adjudicated by this Court in the prior appeal, Com. ex rel. Collins v. Ashe, 159 Pa. Super. 553, 49 A.2d 265, allocatur refused by the Supreme Court of Pennsylvania, 159 Pa. Super. xxiv,*fn1 the present appeal will be dismissed. See Com. ex rel. Orlando v. Smith, 346 Pa. 42, 30 A.2d 534; Com. ex rel. Lieberman v. Burke, 158 Pa. Super. 207, 44 A.2d 597; Com. ex rel. Lewis v. Ashe, 142 Pa. Super. 357, 16 A.2d 433.
Appeal is dismissed.