Commonwealth Ex Rel. Thor v. Ashe, Warden

Opinion by

Keller, P. J.,

This petition for writ of habeas corpus raised an unusual question, on which we felt we should have the benefit of an oral argument and briefs of counsel. Accordingly, on November 21, 1939, we entered an order appointing counsel to represent the relator and fixing the argument for the session beginning Monday, December 11, 1939; and the case was accordingly listed by the Prothonotary for that day.

On the day fixed, the District Attorney of Cambria County did not appear himself, or send an assistant, or file a brief, or give us any of the help in arriving at a just…