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COMMONWEALTH EX REL. SHARP v. BANMILLER. (05/28/59)

May 28, 1959

COMMONWEALTH EX REL. SHARP, APPELLANT,
v.
BANMILLER.



Appeal, No. 153, Jan. T., 1959, from order of Superior Court, Oct. T., 1958, No. 345, affirming order of Court of Common Pleas No. 1 of Philadelphia County, Dec. T., 1957, No. 1947, in case of Commonwealth of Pennsylvania ex rel. Jerome Sharp v. William J. Banmiller, Warden. Order affirmed. Same case in Superior Court: 187 Pa. Super.Ct. 556. Habeas corpus. Order entered dismissing petition, opinion by GRIFFITHS, J. Relator appealed to Superior Court which affirmed order. Appeal to Supreme Court allowed.

COUNSEL

Paul N. Gardner, for appellant.

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

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Mcbride, JJ.

[ 396 Pa. Page 57]

OPINION PER CURIAM

The order is affirmed on the opinion for the Superior Court reported at 187 Pa. Superior Ct. 556, 146 A.2d 68.

Order affirmed.

19590528

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