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COM. ex rel. TANNER v. CLAUDY

378 Pa. 429 (1954)

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

Supreme Court of Pennsylvania.

June 28, 1954.

Attorney(s) appearing for the Case

Valera Grapp, with her Max V. Schoonmaker, for appellant.

Albert A. Fiok, Assistant District Attorney, with him James F. Malone, Jr., District Attorney, for appellee.

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

OPINION BY MR. JUSTICE ARNOLD, June 28, 1954:

Relator appeals from an order denying his petition for writ of habeas corpus. He has heretofore been denied an application filed on other grounds: Commonwealth ex rel. Tanner v. Ashe, 365 Pa. 419, 76 A.2d 210. His present petition was based on allegations that he was not, and that the record did not affirmatively show that he was present when sentenced on May 23, 1946, to life imprisonment...

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