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COMMONWEALTH EX REL. ALTIZER v. HENDRICKS. (04/18/63)

April 18, 1963

COMMONWEALTH EX REL. ALTIZER, APPELLANT,
v.
HENDRICKS.



Appeal, No. 45, Oct. T., 1963, from order of Court of Common Pleas No. 4 of Philadelphia County, Sept. T., 1962, No. 2323, in case of Commonwealth ex rel. Noah Altizer v. Edward J. Hendricks, Superintendent. Order affirmed.

COUNSEL

Lee B. Sacks, for appellant.

Burton Satzberg, Assistant District Attorney, with him Arlen Specter, Assistant District Attorney, F. Emmett Fitzpatrick, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

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

[ 200 Pa. Super. Page 486]

OPINION PER CURIAM

The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge WATERS of the Court of Common Pleas No. 4 of Philadelphia County, as reported in 29 Pa.D. & C.2d 550. However, we wish to point out that the

[ 200 Pa. Super. Page 487]

    question of jurisdiction raised in this petition is without merit in that the testimony clearly established that the crime charged was committed in Philadelphia.

19630418

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