Commonwealth Ex Rel. Tanner v. Ashe

Opinion by

Mr. Justice Horace Stern,

Convicted some years ago of murder in the first degree and sentenced to life imprisonment, the relator, Clarence E. Tanner, applied to the court below for a writ of habeas corpus on the ground that he had been indicted and tried for the commission of a crime different from that for which he had been held to await the action of the grand jury. The court below refused the writ, from which order the relator now appeals.

The homicide arose out of a quarrel between the relator and one Riley during the course of a crap game; following an argument between them the…