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COMMONWEALTH EX REL. FRITCHMAN v. CERAUL. (07/12/60)

July 12, 1960

COMMONWEALTH EX REL. FRITCHMAN, APPELLANT,
v.
CERAUL.



Appeal, No. 25, Oct. T., 1960, from order of Court of Common Pleas of Northampton County, June T., 1959, No. 129, in case of Commonwealth ex rel. Raymond Fritchman v. Thomas Ceraul, Warden. Order affirmed.

COUNSEL

Raymond Fritchman, appellant, in propria persona.

Bernard V. O'Hare, Jr., First Assistant District Attorney, and Andrew L. Herster, Jr., District Attorney, for appellee.

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

[ 193 Pa. Super. Page 9]

OPINION PER CURIAM

The order of the court below dismissing relator's petition for writ of habeas corpus is affirmed on the opinion of Judge WOODRING of the Court of Common Pleas of Northampton County, as reported in 21 Pa. D. & C.2d 357, with a correction that the word "legality" be changed to "regularity," so that the sentence shall read: "A petition for writ of habeas corpus cannot be used to attack the sufficiency or regularity of proceedings prior to the grand jury's true bill (Com. ex rel. Scasserra v. Maroney, 179 Pa. Superior Ct. 150, 154, 115 A.2d 912).3"

19600712

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