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COMMONWEALTH ex rel. MILEWSKI v. ASHE

363 Pa. 596 (1950)

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

Supreme Court of Pennsylvania.

January 16, 1950.

Attorney(s) appearing for the Case

Michael von Moschzisker, for appellant.

Thomas J. Kalman, Assistant District Attorney, with him Fred L. Brothers, District Attorney, for Commonwealth.

Before MAXEY, C.J., DREW, LINN, STERN, PATTERSON, STEARNE and JONES, JJ.

OPINION BY MR. CHIEF JUSTICE MAXEY, January 16, 1950:

Relator filed a petition in the Superior Court for a Writ of Habeas Corpus. On September 29th, 1948, the Writ was refused and an appeal was allowed to this Court and we reversed the order of the Superior Court, with directions to remit the record to the Court of Oyer and Terminer of Fayette County with directions to that court to afford the relator an opportunity to support by competent testimony the material allegations...

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