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COM. ex rel. SWINGLE v. BANMILLER

398 Pa. 43 (1959)

Commonwealth ex rel. Swingle v. Banmiller.

Supreme Court of Pennsylvania.

December 30, 1959.

Attorney(s) appearing for the Case

Herbert L. Maris, with him Lawrence Goldberg, for petitioner.

Frank P. Lawley, Jr., Deputy Attorney General, with him Louis B. Nielsen, Jr., District Attorney, and Anne X. Alpern, Attorney General, for Commonwealth.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.

OPINION BY MR. JUSTICE COHEN, December 30, 1959:

Claude Swingle, relator, petitioned this Court for a writ of habeas corpus alleging that the life sentence which was imposed upon him after conviction of murder in the second degree in Wayne County is illegal. At the present time he is a prisoner in the State Correctional Institution at Philadelphia (Eastern State Penitentiary).

In 1921, relator was convicted of murder in the second degree in the State of New...

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