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COMMONWEALTH EX REL. BANKS v. CLAUDY (04/22/52)

THE SUPREME COURT OF PENNSYLVANIA


April 22, 1952

COMMONWEALTH EX REL. BANKS, APPELLANT,
v.
CLAUDY

Appeal, No. 1, March T., 1952, for order of Court of Common Pleas of Allegheny County, July T., 1951-B, No. 206, in case of Commonwealth of Pennsylvania ex rel. Virgil Banks, Sr., v. Dr. J. W. Claudy, Warden, Western State Penitentiary.Order affirmed.

COUNSEL

Virgil Banks, Sr., appellant, in propria persona, submitted a brief.

Albert A. Fiok, Assistant District Attorney, with him James F. Malone, Jr., Assistant District Attorney, for appellee.

Before Drew, C.j., Stearne, Jones, Bell, Chidsey and Musmanno, JJ.

[ 370 Pa. Page 191]

OPINION PER CURIAM

This is an appeal by the relator, Virgil Banks, Sr., from the denial by the Common Pleas Court of Allegheny County of a petition for writ of habeas corpus. The petition is a verbatim copy of a petition filed by the same prisoner in this Court on September 15, 1950, at Miscellaneous Docket No. 1728. At that time, a rule to show cause was allowed and was served on the Warden of the Western State Penitentiary, the District Attorney of Huntingdon County (where the case arose), and the Attorney General. An exhaustive answer was filed by the District Attorney, and on November 10, 1950, we denied the writ by an order entered PER CURIAM without opinion. On January 15, 1951, the Supreme Court of the United States denied a petition for a writ of certiorari.

[ 370 Pa. Page 192]

There is nothing new raised by the present appeal. The order of the court below is affirmed.

Disposition

There is nothing new raised by the present appeal. The order of the court below is affirmed.

19520422

© 1998 VersusLaw Inc.



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