Commonwealth ex rel. Cobb v. Burke

Opinion by

Ervin, J.,

Relator was convicted of burglary and larceny by a jury in the quarter sessions court of Montgomery County and was sentenced on September 23, 1949 to serve not less than seven' and one-half nor more than *62fifteen years in tlie Eastern State Penitentiary where he is now confined. The present appeal is from the order of the Court of Common Pleas of Montgomery County discharging the relator’s rule to show cause why a writ of habeas corpus should not issue and dismissing relator’s petition without hearing.

On November 21, 1952, the instant petition for writ of habeas corpus was…