Commonwealth ex rel. Berkery v. Myers

Opinion by

Ervin, P. J.,

This is an appeal from an order of the court below dismissing appellant’s petition for writ of habeas corpus after hearing and argument. The petition was filed November 18, 1965.

This is the second time the case has been before us. In Com. v. Staino, 204 Pa. Superior Ct. Ct. 319, 204 A. 2d 664 (allocatur refused by the Supreme Court, 204 Pa. Superior Ct. xxxvii), we affirmed the conviction of this defendant on a charge of burglary in an opinion filed November 12, 1964. At the trial the tacit admission of the co-defendant Staino to a signed confession of a confederate,…