Commonwealth v. Cavell

Graff, P. J.,

(specially presiding), Petitioner filed this petition for a writ of habeas corpus alleging that he is illegally confined in the Western State Penitentiary. A hearing was had on the matter upon June 28, 1956, and thereafter the petition was dismissed, with no opinion having been filed.

Subsequently thereto petitioner has taken an appeal to the Supreme Court of Pennsylvania, and the following opinion is now to be filed.

The petition raises a question of law which we believe to have been previously decided by the Superior Court of Pennsylvania.

Inasmuch as no testimony was offered, the…