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COMMONWEALTH EX REL. CURRIER v. RUSSELL. (11/10/64)

November 10, 1964

COMMONWEALTH EX REL. CURRIER, APPELLANT,
v.
RUSSELL.



Appeal, No. 60, Jan. T., 1965, from order of Superior Court, October T., 1964, No. 17, affirming order of Court of Common Pleas of Delaware County, June T., 1963, No. 5968, in case of Commonwealth ex rel. Leonard J. Currier v. H. E. Russell, Superintendent. Orders reversed and new trial ordered.

COUNSEL

Leonard J. Currier, appellant, in propria persona.

Ralph B. D'Iorio, Assistant District Attorney, Domenic D. Jerome, First Assistant District Attorney, and Jacques H. Fox, District Attorney, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.

[ 415 Pa. Page 543]

OPINION PER CURIAM

In the light of our decisions in Commonwealth ex rel. O'Lock v. Rundle, 415 Pa. 515, 204 A.2d 439 (1964), and Commonwealth ex rel. Goodfellow v. Rundle, 415 Pa. 528, 204 A.2d 446 (1964), the orders of the Superior Court and the Court of Common Pleas of Delaware County are reversed. The record is remanded to the court of original jurisdiction with directions to issue the writ and grant a new trial.

19641110

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