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COM. ex rel. McCORMICK v. RUSSELL

206 Pa.Super. 460 (1965)

Commonwealth ex rel. McCormick v. Russell, Appellant.

Superior Court of Pennsylvania.

November 10, 1965.

Attorney(s) appearing for the Case

Joseph M. Smith, Assistant District Attorney, with him F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellant.

Marvin I. Block, with him Harry Aaron Rubin, for appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, and HOFFMAN, JJ. (FLOOD, J., absent).

OPINION BY WRIGHT, J., November 10, 1965:

On December 1, 1964, William McCormick, presently an inmate of the State Correctional Institution at Huntingdon, filed in Court of Common Pleas No. 1 of Philadelphia County a petition for a writ of habeas corpus. The following day Judge CHUDOFF granted a rule to show cause why the writ should not issue, returnable December 22, 1964. An answer was filed by the superintendent of the institution, but no answer was filed by the...

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