Com. Ex Rel. Scolio v. Hess, Warden

Opinion by

Keller, P. J.,

The district attorney of Erie County, acting for the warden of Erie County Prison, has appealed from an order of the court of common pleas of that county, entered pursuant to a writ of habeas corpus, discharg ing the relator, Vincent Scolio, from the custody of the said warden.

The petition for writ of habeas corpus was filed pursuant to the Act of July 1, 1937, P. L. 2664, 1 which empowers the judge granting the writ to examine and inquire into the proceedings held and evidence produced before a committing magistrate and to discharge the prisoner, if the proceedings…