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COM. ex rel. McNEAIR v. BANMILLER

392 Pa. 101 (1958)

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

Supreme Court of Pennsylvania.

March 24, 1958.

Attorney(s) appearing for the Case

Joseph McNeair, appellant, in propria personna.

Juanita Kidd Stout, Assistant District Attorney, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.

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

OPINION BY MR. CHIEF JUSTICE JONES, March 24, 1958:

This appeal is from an order dismissing a petition for a writ of habeas corpus filed by the appellant, who is now confined in the Eastern State Penitentiary to which he was committed on October 11, 1950, upon being sentenced to life imprisonment for first degree murder.

Some eight years before, he had been convicted of murder in the second degree for a felonious killing for which he had then been sentenced...

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