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COM. ex rel. GRYGER v. BURKE

379 Pa. 11 (1954)

Commonwealth ex rel. Gryger, Appellant, v. Burke.

Supreme Court of Pennsylvania.

October 8, 1954.

Attorney(s) appearing for the Case

Herman I. Pollock, Voluntary Defender, with him Miles Warner, Assistant Voluntary Defender, for relator, appellant.

Randolph C. Ryder, Deputy Attorney General, with him Frank P. Lawley, Jr., Assistant Deputy Attorney General and Frank F. Truscott, Attorney General, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE ARNOLD, October 8, 1954:

This is an appeal from the order of the Superior Court reversing the court below which had granted a writ of habeas corpus.

On November 27, 1944, Gryger was brought before Judge KUN in the Court of Quarter Sessions of Philadelphia County, to answer a charge under the Act of June 24, 1939, P.L. 872, Section 1108 (b), 18 PS § 5108 (b), charging him with being a fourth offender.

After Gryger admitted...

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