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COM. ex rel. HARTAGE v. HENDRICK

439 Pa. 584 (1970)

Commonwealth ex rel. Hartage, Appellant, v. Hendrick.

Supreme Court of Pennsylvania.

July 31, 1970.

Attorney(s) appearing for the Case

David Kairys, Assistant Defender, and Vincent J. Ziccardi, Acting Defender, for petitioner.

James D. Crawford, Deputy District Attorney, and Arlen Specter, District Attorney, for Commonwealth, respondent.

Edwin P. Rome, Edwin B. Wolf, and Harry A. Feldman, for amicus curiae.

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

OPINION BY MR. JUSTICE POMEROY, July 31, 1970:

This case is before us upon a petition for habeas corpus of which we are asked to take original jurisdiction. The petition asserts, inter alia, that petitioner has been denied his rights under the Eighth Amendment, the due process clauses of the Fourteenth Amendment, and the Sixth Amendment to the Constitution of the United States. The assertion is grounded on the proposition that his constitutional right to nonexcessive...

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