COM. ex rel. CAREY v. PRISON KEEPER


370 Pa. 604 (1952)

Commonwealth ex rel. Carey, Appellant, v. Montgomery County Prison Keeper.

Supreme Court of Pennsylvania.

May 29, 1952.


Attorney(s) appearing for the Case

H.R. Back, for appellant.

J. Stroud Weber, District Attorney, for appellee.

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


OPINION BY MR. JUSTICE ALLEN M. STEARNE, May 29, 1952:

This is an appeal from an order of the Court of Common Pleas of Montgomery County dismissing relator's petition for a writ of habeas corpus.

Relator was convicted of murder in the first degree with the penalty fixed by the jury at death. The crime was the killing of a police officer, whose death was caused by gun shot wounds while he and another police officer...

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