Commonwealth Ex Rel. Hunter v. Banmiller

Opinion by

Montgomery, J.,

This is an appeal from the order of the Court of Common Pleas of Philadelphia County, dismissing without hearing relator’s petition for a writ of habeas corpus.

Relator is serving a sentence of not less than five years nor more than ten years in the Correctional Diagnostic Institution, Philadelphia, Pennsylvania, as a result of his conviction in a nonjury trial of aggravated robbery at No. 531 September Sessions, 1958. Prom this sentence, an appeal was filed in this court at No. 452 October Term, 1959, but this appeal was withdrawn and discontinued on December 9, 1959.…