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COMMONWEALTH ex rel. TANNER v. ASHE

365 Pa. 419 (1950)

Commonwealth ex rel. Tanner, Appellant, v. Ashe, Warden.

Supreme Court of Pennsylvania.

November 13, 1950.

Attorney(s) appearing for the Case

W. Gordon Rauck, for appellant.

Owen B. McManus, Assistant District Attorney, with him William S. Rahauser, District Attorney, for appellee.

Before DREW, C.J., STERN, STEARNE, JONES, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE HORACE STERN, November 13, 1950:

Convicted some years ago of murder in the first degree and sentenced to life imprisonment, the relator, Clarence E. Tanner, applied to the court below for a writ of habeas corpus on the ground that he had been indicted and tried for the commission of a crime different from that for which he had been held to await the action of the grand jury. The court below refused the writ, from which order the relator now...

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