Commonwealth ex rel. Tanner v. Claudy

Opinion by

Mr. Justice Arnold,

Relator appeals from an order denying his petition for writ of habeas corpus. He has heretofore been denied an application filed on other grounds: Commonwealth ex rel. Tanner v. Ashe, 365 Pa. 419, 76 A. 2d 210. His present petition was based on allegations that he was not, and that the record did not affirmatively show that he was present when sentenced on May 23, 1946, to life imprisonment, upon conviction of murder in the first degree. In its answer the Com*431monwealth admitted that the record had no entry showing he was present, bnt alleged that he was actually…