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COMMONWEALTH EX REL. SMYTHE v. RUNDLE. (11/13/63)

November 13, 1963

COMMONWEALTH EX REL. SMYTHE, APPELLANT,
v.
RUNDLE.



Appeal, No. 147, Oct. T., 1963, from order of Court of Common Pleas No. 5 of Philadelphia County, Sept. T., 1962, No. 1453, in case of Commonwealth ex rel. Charles Smythe v. A. T. Rundle, Warden. Order affirmed.

COUNSEL

Charles Smythe, appellant, in propria persona.

John F. Hassett and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., 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.

[ 202 Pa. Super. Page 31]

OPINION PER CURIAM

The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge SPORKIN of the Court of Common Pleas No. 2 of Philadelphia County, as reported in 31 Pa.D. & C.2d 542.

19631113

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