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COM. ex rel. O'NEILL v. BANMILLER

189 Pa.Super. 168 (1959)

Commonwealth ex rel. O'Neill, Appellant, v. Banmiller.

Superior Court of Pennsylvania.

March 18, 1959.

Attorney(s) appearing for the Case

Joseph Patrick Gorham, for appellant.

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

Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ. (HIRT, J., absent).

OPINION BY WOODSIDE, J., March 18, 1959:

This is an appeal from the order of the court below dismissing a petition for a writ of habeas corpus brought by a prisoner seeking his release.

The prisoner, Bernard O'Neill, was sentenced in Philadelphia to the Eastern State Penitentiary for a term of 2 to 4 years effective January 25, 1952. He was paroled January 25, 1954, from the State Penitentiary at Graterford...

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