December 28, 1956
COMMONWEALTH EX REL. GENTNER, APPELLANT,
Appeal, No. 162, Oct. T., 1956, from order of Court of Common Pleas No. 7 of Philadelphia County, Dec. T., 1955, No. 6678, in case of Commonwealth of Pennsylvania ex rel. Ernest Gentner v. Martin, Warden, Eastern State Penitentiary. Order affirmed.
Ernest Gentner, appellant, in propria persona.
Victor H. Blanc, District Attorney, Jerome B. Apfel, Thomas M. Reed, and Christopher F. Edley, Assistant District Attorneys, and James N. Lafferty, Deputy District Attorney, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.
[ 183 Pa. Super. Page 99]
OPINION BY CARR, J.
This is the second petition for a writ of habeas corpus filed by relator raising the same questions. The first was dismissed by Court of Common Pleas No. 6 of Philadelphia County, an appeal was taken to this Court and the order was affirmed. His second petition to Court of Common Pleas No. 7 of Philadelphia County was dismissed without a hearing and this appeal followed.
The relator states in his petition, "(1). That this Honorable Court ruled on July 13, 1954, on precisely the same question, affirming the Lower Court's decision because Petition was unable to quote authorities to prove his point."
The facts of this case and the reasons for the holding of this Court having been set forth in the earlier carefully considered opinion written by Judge WOODSIDE in Commonwealth ex rel. Gentner v. Burke, 175 Pa. Superior Ct. 440, 106 A.2d 859, we need not restate them here. Commonwealth ex rel. Young v. Day, 180 Pa. Superior Ct. 276, 119 A.2d 559.
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