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COMMONWEALTH EX REL. HALLMAN v. TEES. (11/16/55)

November 16, 1955

COMMONWEALTH EX REL. HALLMAN, APPELLANT,
v.
TEES.



Appeal, No. 268, Oct. T., 1955, from order of Court of Common Pleas No. 4, of Philadelphia County, June T., 1953, No. 8480, in case of Commonwealth ex rel. Robert S. Hallman v. Walter Tees, Acting Warden, Eastern State Penitentiary. Order affirmed.

COUNSEL

Robert S. Hallman, appellant, in propria persona.

Samuel Dash, District Attorney, Vincent G. Panati, First Assistant District Attorney, and Victor Wright, Assistant District Attorney, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

[ 179 Pa. Super. Page 491]

OPINION PER CURIAM

This habeas corpus proceeding was previously before us. After hearing in the Court of Common Pleas No. 4 of Philadelphia County, relator's petition for writ of habeas corpus was dismissed; on appeal the order was affirmed by this Court in Com. ex rel. Hallman v. Tees, 175 Pa. Superior Ct. 448, 106 A.2d 899. The District Attorney of Philadelphia County filed a motion for reargument. We vacated the order entered on July 13, 1954, as of the date of the order for reargument, so that the notes of testimony taken at relator's original trial could be presented to the court below for its consideration.

Upon remission of the record to court below, rehearing was held on April 22, 1955, at the conclusion of which relator's petition was again dismissed. Relator again appeared and testified. The court at that time had before it the trial record which does not disclose any denial of due process.

The order of the court below will be affirmed.

We shall not repeat what we said in Com. ex rel. Hallman v. Tees, 175 Pa. Superior Ct. 448, 106 A.2d 899, which is applicable here.

In his opinion dismissing relator's petition after the second hearing, Judge REIMEL disposed of relator's contentions:

[ 179 Pa. Super. Page 492]

"This is a petition for writ of habeas corpus filed by relator in the Court of Common Pleas No. 4 as of June Term, 1953, No. 8480, on October 1, 1953. On October 16, 1953 after hearing in open court the petition was dismissed and relator was remanded to the Eastern State Penitentiary. Relator appealed to the Superior Court of Pennsylvania as of October Term, 1954, No. 59 and in a per curiam opinion filed July 13, 1954 the order of the court below was affirmed. Thereafter, it appearing that the original notes of testimony of relator's trial taken almost thirty years ago had been found the District Attorney of Philadelphia filed a motion for re-argument which was granted and which resulted in the order entered July 13, 1954 being vacated, the petition for the writ of habeas corpus being re-instated and the record remitted to the court below for further hearing, consideration and disposition of the proceeding by appropriate order.

"Following the mandate of the Superior Court of Pennsylvania this Court fixed the hearing on said petition for writ of habeas corpus on April 22, 1955 and after hearing in open court this Court dismissed the petition and ...


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