Legal Opinion

Commonwealth Ex Rel. Rushkowski v. Burke

Superior Court of Pennsylvania

Decided July 17, 1952No. Appeal, 24PublishedCited by 17 opinions

1Opinion of the Court

Opinion by

Rhodes, P. J.',

Relator contends in this appeal from the order of the Court of Common Pleas of Luzerne County, 1 re manding Mm after hearing to the Warden of the Eastern State Penitentiary, that he is entitled to discharge from further restraint because (1) he was improperly convicted and sentenced on bill of indictment No. 564-A, February Sessions, 1932, Court of Oyer and Terminer of Luzerne County, not having been given a preliminary hearing and not having been advised as to the nature of the charge against him; (2) he was illegally returned from the State of Georgia by agents of…

2Cases cited20 opinions

  1. Ker v. IllinoisSupreme Court of the United States · 1886
  2. Commonwealth Ex Rel. Banks v. CainSupreme Court of Pennsylvania · 1942
  3. Pettibone v. NicholsSupreme Court of the United States · 1906
  4. Commonwealth Ex Rel. Spencer v. AsheSupreme Court of Pennsylvania · 1950
  5. Ex Parte YoustlerCourt of Criminal Appeals of Oklahoma · 1928

15 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Commonwealth v. O'BRIENSuperior Court of Pennsylvania · 1956
  2. Commonwealth Ex Rel. Harman v. BurkeSuperior Court of Pennsylvania · 1952
  3. Com. Ex Rel. Lockhart v. MyersSuperior Court of Pennsylvania · 1960
  4. Commonwealth ex rel. Comer v. ClaudySuperior Court of Pennsylvania · 1954
  5. Commonwealth ex rel. Lockhart v. MyersSuperior Court of Pennsylvania · 1960

12 more not listed; retrieve them via the Exa API.

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