Legal Opinion

Commonwealth Ex Rel. McDevitt v. Burke

Superior Court of Pennsylvania

Decided November 21, 1949No. 64PublishedCited by 17 opinions

1Opinion of the Court

Opinion by

Rhodes, P. J.,

This is a petition for writ of habeas corpus in which relator avers (1) that one of the sentences imposed upon him was unlawful in that it exceeded the maximum prescribed by law, and (2) that he is eligible to apply for parole. Rule was granted and answers were filed by the District Attorney of Philadelphia County and the Warden of the Eastern State Penitentiary. Written briefs were presented and the matter was orally argued. We may consider the petition and dispose of the issues. Com. ex rel. Madden v. Ashe, 162 Pa. Superior Ct. 39, 41, 56 A. 2d 335; Com. ex rel. Hill…

2Cases cited9 opinions

  1. Commonwealth Ex Rel. Lerner v. Smith, WardenSuperior Court of Pennsylvania · 1942
  2. Commonwealth v. AsheSupreme Court of Pennsylvania · 1935
  3. Commonwealth Ex Rel. McGinnis v. AsheSupreme Court of Pennsylvania · 1938
  4. Commonwealth Ex Rel. Madden v. AsheSuperior Court of Pennsylvania · 1947
  5. Commonwealth Ex Rel. Cox v. Ashe, WardenSuperior Court of Pennsylvania · 1941

4 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Commonwealth Ex Rel. Harman v. BurkeSuperior Court of Pennsylvania · 1952
  2. Commonwealth Ex Rel. Burge v. AsheSuperior Court of Pennsylvania · 1951
  3. Commonwealth ex rel. Carmelo v. BurkeSuperior Court of Pennsylvania · 1951
  4. DOWD, WARDEN, ETC. v. BashamIndiana Supreme Court · 1954
  5. Commonwealth Ex Rel. Kunkle v. ClaudySuperior Court of Pennsylvania · 1952

12 more not listed; retrieve them via the Exa API.

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