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COM. ex rel. HERGE v. RUNDLE.

415 Pa. 36 (1964)

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

Supreme Court of Pennsylvania.

July 1, 1964.

Attorney(s) appearing for the Case

Irvin C. Herge, appellant, in propria persona.

William R. Balph, Jr., Assistant District Attorney, and Kenneth E. Fox, Jr., District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE EAGEN, July 1, 1964:

This is an appeal from an order in the court below dismissing a petition for a writ of habeas corpus without hearing.

On January 28, 1946, the appellant-defendant was arrested for the murder of one Jean Fatur, which occurred on or about October 16, 1945. An indictment was returned by the grand jury on March 4, 1946. On March 11, 1946, the defendant appeared in court, represented by two experienced and highly regarded...

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