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COMMONWEALTH EX REL. NIBBIO v. JOHNSTON. (03/18/59)

March 18, 1959

COMMONWEALTH EX REL. NIBBIO, APPELLANT,
v.
JOHNSTON.



Appeal, No. 80, Oct. T., 1959, from order of Court of Common Pleas No. 1 of Philadelphia County, June T., 1958, No. 1892, in case of Commonwealth of Pennsylvania ex rel. Guistino Nibbio v. Frank C. Johnston, Warden. Order affirmed.

COUNSEL

Guistino Nibbio, appellant, in propria persona.

Charles L. Durham and Juanita Kidd Stout, Assistant District Attorneys, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.

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

[ 188 Pa. Super. Page 548]

OPINION PER CURIAM

The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge MILNER, as reported in 16 Pa. D. & C.2d 252.

19590318

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