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COMMONWEALTH ex rel. HOLLY v. ASHE

368 Pa. 211 (1951)

Commonwealth ex rel. Holly v. Ashe (Commonwealth, Appellant).

Supreme Court of Pennsylvania.

June 27, 1951.

Attorney(s) appearing for the Case

John I. Munson, Assistant District Attorney, with him Fred L. Brothers, District Attorney and Owen B. McManus, Assistant District Attorney, for appellant.

Valera Grapp, for appellee.

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

OPINION BY MR. JUSTICE JONES, June 27, 1951:

This matter is here on the petition of the relator for a writ of habeas corpus and separate answers by the district attorneys of Fayette and Allegheny Counties and the Warden of the Western State Penitentiary. The material facts are not in dispute.

The petitioner is confined under sentences imposed upon him by the Court of Oyer and Terminer of Fayette County for certain...

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