Com. Ex Rel. Billings v. Ashe, Warden

Opinion by

Keller, P. J.,

The sentence from which the relator by this petition for writ of habeas corpus seeks to be discharged was imposed pursuant to an order of the Supreme Court entered December 9, 1938 in a prior habeas corpus proceeding filed by him in that court — No. 1014 Miscellaneous Docket. It is to be presumed that all questions concerning the legality of his imprisonment were presented by him to that court and were considered by it.

However, we have examined the two grounds for discharge advanced in the present petition and find no merit in either of them.(1) The relator admittedly…