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COM. ex rel. ALEXANDER v. RUNDLE

206 Pa.Super. 528 (1965)

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

Superior Court of Pennsylvania.

Resubmitted September 15, 1965.

October 7, 1965.

November 10, 1965.

Attorney(s) appearing for the Case

John Alexander, appellant, in propria persona.

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

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

OPINION BY MONTGOMERY, J., October 7, 1965:

Following the filing of a per curiam order remanding this case to the lower court with instructions to conduct a hearing on relator's petition for a writ of habeas corpus, we granted the District Attorney's petition for reconsideration and permitted the parties to file additional briefs. The District Attorney exercised this right but the relator did not.

Relator is presently serving a sentence of not less than eight...

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