COM. ex rel. GAITO v. MARONEY


416 Pa. 199 (1964)

Commonwealth ex rel. Gaito, Appellant, v. Maroney.

Supreme Court of Pennsylvania.

November 24, 1964.


Attorney(s) appearing for the Case

Stanley J. Reisman, with him Zigmund L. Dermer, for appellant.

Edwin J. Martin, Assistant District Attorney, with him Louis Abromson, Assistant District Attorney, and Robert W. Duggan, District Attorney, for appellee.

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


OPINION BY MR. CHIEF JUSTICE BELL, November 24, 1964:

Appellant filed a petition for a writ of habeas corpus which was dismissed without hearing. The Superior Court affirmed the Order dismissing petition, and we allowed an allocatur. The Order must be reversed.

Frank Gaito and Joseph Gaito, brothers, were tried and convicted by a jury of (1) burglary, and (2) assault with intent to kill. On July 12, 1960, substantial...

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