Appeals from judgment and order of the Court of Common Pleas, Criminal Division, of Allegheny County, April T., 1970, Nos. Misc. 782, 783 and 784, in cases of Commonwealth ex rel. Robert Dourlaine et al. v. William Robinson, Warden, Allegheny County Jail and Joseph R. Brierley, Warden, Pennsylvania State Correctional Institution.
Joseph Martin Gelman, Special Assistant Attorney General, Frank P. Lawley, Jr., Deputy Attorney General, and Fred Speaker, Attorney General, for appellant, submitted a brief.
Gilbert J. Helwig, and Reed, Smith, Shaw & McClay, for appellees.
No oral argument was made nor brief submitted for appellees.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ.
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This is an appeal from the granting of a habeas corpus petition. We agree with the learned trial judge that writs of habeas corpus were properly entertained in this situation. Commonwealth ex rel. Thompson v. Day, 182 Pa. Superior Ct. 644, 128 A.2d 133 (1956), cert. den., 355 U.S. 843, 78 S. Ct. 65, 2 L. Ed. 2d 52. It is our opinion that the appellees have exhausted the possible avenues of relief within the prison administrative structure. However, after a thorough review of the record and all the evidence presented, we find the facts insufficient to support the conclusion that there is no place in Pennsylvania in which the appellees
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could be safely incarcerated, and further find the lower court erred in releasing appellees.
We therefore remand the record for further hearings by the lower court at which the Commonwealth shall be given ample opportunity to present a plan of incarceration which will assure the safety of the appellees during their terms of imprisonment.
Record remanded for further hearings by ...