Commonwealth ex rel. Wright v. Banmiller

Opinion by

Montgomery, J.,

This is an appeal from the dismissal of a petition for writ of habeas corpus. On February 5, 1960, James J. Wright, an inmate of the State Correctional Institution at Philadelphia, petitioned the Court of Common Pleas of Philadelphia County for a writ of habeas corpus. A rule to show cause was granted and an answer was filed by the superintendent of the institution. No answer was filed by the Board of Parole and it does not appear that it had notice of the rule to show cause. Belator was permitted to proceed in forma pauperis. On March 11, 1960, he appeared before…