Commonwealth ex rel. DeSimone v. Maroney

Opinion by

Wright, J.,

John DeSimone, an inmate of the Western Penitentiary, petitioned the Court of Common Pleas of Fayette County for a writ of habeas corpus. The petition set forth five “Questions and Answers Involved”. A rule was granted to show cause why the writ should not issue. The District Attorney filed an answer. Thereafter the rule was discharged and the writ refused. This appeal followed.

The record discloses that on July 27, 1940, there was a holdup at the State Liquor Store in Republic, Fayette County. An information was made charging appellant, together with Ernest Ford and…