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COM. ex rel. STEPPER v. BANMILLER

393 Pa. 1 (1958)

Commonwealth ex rel. Stepper, Appellant, v. Banmiller.

Supreme Court of Pennsylvania.

May 26, 1958.

Attorney(s) appearing for the Case

Paul Norman Gardner, for appellant.

William J. Kearney, First Assistant District Attorney, with him Carlon M. O'Malley, District Attorney, for appellee.

Before JONES, C.J., BELL, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE ARNOLD, May 26, 1958:

Relator appeals from the order of the Court of Common Pleas of Lackawanna County dismissing his petition for a writ of habeas corpus. He is now serving a sentence of life imprisonment imposed upon him for the killing of his wife.

On January 21, 1952, the day of the killing, a warrant for his arrest was issued; and on January 23rd he waived hearing before the committing magistrate and was committed to jail. Having...

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