Legal Opinion
Commonwealth Ex Rel. Gaito v. Maroney
Supreme Court of Pennsylvania
Decided November 24, 1964No. Appeals, 315 and 316PublishedCited by 36 opinions
1Opinion of the Court
Opinion by
Mr. Chief Justice Bell,
Appellant filed a petition for a writ of habeas corpus which was dismissed without hearing. The Superior Court affirmed the Order dismissing petition, and we allowed an allocatur. The Order must be reversed.
Frank Gaito and Joseph Gaito, brothers, were tried and convicted by a jury of (1) burglary, and (2) assault with intent to kill. On July 12, 1960, substantial prison sentences were imposed on both brothers.
The judgments were affirmed by the Superior Court in Commonwealth v. Gaito, 195 Pa. Superior Ct. 356, 172 A. 2d 184. This Court denied an allocatur. The…
2Cases cited4 opinions
- Jackson v. DennoSupreme Court of the United States · 1964
- Stein v. New YorkSupreme Court of the United States · 1953
- Ex Parte HullSupreme Court of the United States · 1941
- Commonwealth v. GaitoSuperior Court of Pennsylvania · 1961
3Cited by36 opinions
- Duncan v. StateSupreme Court of Alabama · 1965
- Commonwealth v. TabbSupreme Court of Pennsylvania · 1965
- Commonwealth v. NegriSupreme Court of Pennsylvania · 1965
- Commonwealth v. PatrickSupreme Court of Pennsylvania · 1965
- Commonwealth Ex Rel. Stevens v. MyersSupreme Court of Pennsylvania · 1965
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