Commonwealth Ex Rel. Tate v. Burke

Opinion by

Mr. Justice Jones,

This proceeding was initiated by the relator’s original petition for a writ of habeas corpus whereon a rule was granted requiring the warden of the Eastern State Penitentiary and the district attorney of Dauphin County to show cause why the writ should not issue. On petition, the Pennsylvania Board of Parole was permitted to intervene as a party respondent (see Act of May 28, 1915, P. L. 616, 12 PS §145) and, thereafter, filed an answer on the merits. The matter is now before us on the relator’s petition and the Board’s answer and has been fully argued by…