Commonwealth ex rel. Frey v. Banmiller

Opinion by

Woodside, J.,

This is an appeal from the refusal of tlie court below to grant the prisoner a writ of habeas corpus.

Appellant was convicted of robbery by Judge Peter F. Hagan sitting without a jury, and was sentenced to the penitentiary on April 6, 1955. No appeal was taken.

On August 5, 1955 a petition for a writ of habeas corpus was filed by the appellant in Philadelphia Court of Common Pleas No. 2 and was subsequently dismissed. No appeal was taken from this order.

A second petition for a writ of habeas corpus was filed in Philadelphia Court of Common Pleas No. 4, and from its…