Commonwealth ex rel. Gaurich v. Keenan

Opinion by

Gunther, J.,

This is an appeal from the refusal of the Court of Common Pleas of Allegheny County to grant the writ of habeas corpus. At the outset, we wish to point out that appellant, William Gaurich, violated Rule 43 of this court in failing to serve notice of his appeal on the judge who entered the order. This practice is not *621to be condoned and, for this reason alone, tbe appeal should be dismissed. However, we shall consider the case on its merits as a repeated guide and as a deterrent for filing petitions of like nature.

Appellant was convicted at No. 41 February Sessions, 1954,…