Commonwealth ex rel. McDaniel v. Myers

Sporkin, J.,

Relator, Richard McDaniel, presented a petition1 for a writ of habeas corpus to obtain his release from State Correctional Institution of Graterford, where he is presently incarcerated. A rule to show cause was allowed,2 returnable before the writer of this opinion.

Upon examination and consideration of the petition and the trial record, we concluded that there were no *470factual issues requiring the taking of testimony, and accordingly a hearing was had on May 29, 1963, only on the legal issues involved.3

The record discloses that on June 28, 1961, relator came to trial before the…