Commonwealth Ex Rel. Cooper v. Banmiller

Opinion by

Wright, J.,

On December 28, 1959, in the Court of Common Pleas of Chester County, Corbet Cooper presented a petition for writ of habeas corpus. Judge Lichtenfeld ordered a hearing on January 27, 1960, and directed that the petitioner be produced to testify. On January 23, 1960, the Superintendent of the Eastern State Penitentiary filed an answer. Following the hearing and the filing of the notes of testimony, an order was entered on February 1, 1960 dismissing the petition. Cooper has appealed.

The record discloses that, on September 13, 1937, appellant was sentenced in Chester County…