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COM. ex rel. BUTLER v. RUNDLE

407 Pa. 535 (1962)

Commonwealth ex rel. Butler, Appellant, v. Rundle.

Supreme Court of Pennsylvania.

May 21, 1962.

Attorney(s) appearing for the Case

Thomas A. Butler, appellant, in propria persona.

No argument was made nor brief submitted for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, BOK, EAGEN and O'BRIEN, JJ.

OPINION BY MR. JUSTICE BOK, May 21, 1962:

Appellant was convicted of murder in the first degree and sentenced to life imprisonment. No appeal was taken. He now appeals from the dismissal without a hearing of his petition for a writ of habeas corpus in the Court of Common Pleas of Delaware County. The case is submitted to us on appellant's brief without oral argument.

A hearing is not required when there is no issue...

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