Com. Ex Rel. Schultz v. Smith, Warden.

Opinion by Keller, P. J.,

This is a petition for writ of habeas corpus. When it was argued before us last December, it appeared that certain important matters of fact raised by the petition were not admitted in the answer and, accordingly, we directed the writ to issue and fixed a hearing for the purpose of receiving testimony upon the following questions of fact: (1) Whether or not the relator was represented by counsel on the trial in court which resulted in his conviction and sentence to the penitentiary, pursuant to which he is now confined there; (2) whether or not the trial judge…