Commonwealth Ex Rel. Dandy v. Banmiller

Opinion by

Mr. Justice Benjamin R. Jones,

This is an appeal from an order of the Court of Common Pleas No. 5 of Philadelphia County dismissing appellant’s petition for a writ of habeas corpus. A previous petition for a writ of habeas corpus was dismissed by the Court of Common Pleas No. 1 of Philadelphia County and that dismissal was affirmed by this Court in Com. ex rel. Dandy v. Banmiller, 394 Pa. 294, 147 A. 2d 372.

Appellant was arrested on May 26, 1957 and later indicted for murder and manslaughter in connection with the shooting of his common law wife. Over six months later,- — on December…