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COMMONWEALTH EX REL. CAMPBELL v. RUSSELL (01/05/65)

SUPREME COURT OF PENNSYLVANIA


decided: January 5, 1965.

COMMONWEALTH EX REL. CAMPBELL, APPELLANT,
v.
RUSSELL

Appeal certified from Superior Court on appeal from order of Court of Common Pleas of York County, May T., 1964, No. 394, in case of Commonwealth ex rel. Charles C. Campbell v. H. E. Russell et al.

COUNSEL

Martin Vinikoor, with him Stanford Shmukler, and Vinikoor, Fein, Criden and Johanson, for appellant.

Daniel W. Shoemaker, District Attorney, with him Lewis H. Markowitz and Earl R. Doll, Assistant District Attorneys, and John T. Miller, First Assistant District Attorney, for appellees.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Eagen.

Author: Eagen

[ 416 Pa. Page 515]

This is an action in habeas corpus which was dismissed, after hearing, by the Court of Common Pleas

[ 416 Pa. Page 516]

    of York County. An appeal, filed in the Superior Court, was certified here because we had under consideration a companion case involving the same issues. See, Commonwealth ex rel. Ensor v. Cummings, 416 Pa. 510, 207 A.2d 230 (1965).

For the reasons stated in Ensor, the order of the court below is vacated and the record is remanded to the court of original jurisdiction with directions to proceed in accordance with the Ensor opinion.

Disposition

Order vacated with directions.

19650105

© 1998 VersusLaw Inc.



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