Commonwealth Ex Rel. Staino v. Cavell

Opinion

Per Curiam,

The six judges who heard the argument of this appeal being equally divided in opinion, the order of the court below is affirmed.

Opinion by

Ervin, P. J.,

Supporting the Affirmance :

This is an appeal from an order of the court below dismissing appellant’s petition for a writ of habeas corpus. It is the second time the case has been before us. In Com. v. Staino, 204 Pa. Superior Ct. 319, 204 A. 2d 664 (allocatur refused by the Supreme Court, 204 Pa. *276Superior Ct. xxxvii), we affirmed the conviction of this defendant on a charge of burglary.

At the trial the tacit admission of the…