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COMMONWEALTH ex rel. BISHOP v. CLAUDY

373 Pa. 523 (1953)

Commonwealth ex rel. Bishop, Appellant, v. Claudy.

Supreme Court of Pennsylvania.

May 25, 1953.

Attorney(s) appearing for the Case

Thomas M. Hyndman, Jr., for appellant.

John W. Mentzer, District Attorney, with him Frank P. Lawley, Jr., Assistant Deputy Attorney General and Robert E. Woodside, Attorney General, for appellees.

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

OPINION BY MR. JUSTICE ALLEN M. STEARNE, May 25, 1953:

The Court of Common Pleas of Fulton County dismissed relator's petition for a writ of habeas corpus after consideration of the petition and the answers thereto filed by the district attorney and the warden of the western penitentiary. The only question raised on this appeal is whether or not the learned court below was required to hold a hearing before disposing of the matter.

There can be no doubt that...

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