Commonwealth ex rel. Cuniff v. Cavell

Opinion by

Rhodes, P. J.,

This appeal is from the dismissal by the Court of Common Pleas of Allegheny County of relator’s petition for writ of habeas corpus.

Relator was indicted on September 6, 1955, at No. 13, September Sessions, 1955, in the Court of Oyer and Terminer of Allegheny County on the charge of burglary. On October 20, 1955, on motion of the district attorney a nolle prosequi was entered on the indictment. On January 5, 1956, on motion of the district attorney the order was vacated and the proceedings on the original bill were revived. On March lá, 1956, while represented by…