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COM. ex rel. GORDON v. MYERS

424 Pa. 352 (1967)

Commonwealth ex rel. Gordon, Appellant, v. Myers.

Supreme Court of Pennsylvania.

March 14, 1967.

Attorney(s) appearing for the Case

Patrick J. Toole, Jr., with him Winkler, Danoff, Lubin and Toole, for appellant.

Richard A. Kane, Assistant District Attorney, with him Arthur L. Piccone, First Assistant District Attorney, and Thomas E. Mack, District Attorney, for appellee.

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

OPINION BY MR. JUSTICE EAGEN, March 14, 1967:

This is an appeal from an order of the Superior Court1 affirming the action of the Court of Common Pleas of Luzerne County in dismissing, after hearing, the petition of the appellant, Charles F. Gordon, for a writ of habeas corpus.

The facts are as follows:

On June 16, 1954, Gordon was arrested and detained for robbery and forcible rape. On the following morning he was taken...

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