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COMMONWEALTH EX REL. KERN v. BANMILLER. (12/12/62)

December 12, 1962

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



Appeal, No. 210, April T., 1962, from order of Court of Common Pleas of Allegheny County, July T., 1961, No. 2464, in case of Commonwealth ex rel. Edward J. Kern v. William J. Banmiller, Warden. Order affirmed.

COUNSEL

Edward J. Kern, appellant, in propria persona.

Edward E. Fagan, Louis Abromson, and William Claney Smith, Assistant District Attorneys, and Edward C. Boyle, District Attorney, for appellee.

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

[ 199 Pa. Super. Page 600]

OPINION PER CURIAM

The order of the court below refusing the writ is affirmed on the opinion of President Judge J. FRANK GRAFF, specially presiding, reported in 28 Pa. D. & C.2d 607.

19621212

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