Commonwealth ex rel. Patrick v. Banmiller

Opinion

Per Curiam,

The court below discharged the rule granted on respondent to show cause why a writ of habeas corpus should not issue and dismissed the petition for a writ of habeas corpus, and relator appealed.

Relator was adjudged guilty of murder in the first degree on February 11, 1942, and was sentenced to a term of life imprisonment in the Eastern State Penitentiary. On February 2, 1953, after hearing, a writ of habeas corpus was granted. It was determined from the record that the court that had tried him in 1942 had lost its jurisdiction so that the judgment of sentence imposed was a…