Com. of Pa. Ex Rel. Fraley v. Rotan, Dist. Atty.
Superior Court of Pennsylvania
Commonwealth of Pennsylvania ex rel. James Fraley v. Samuel P. Rotan. Petition for Habeas Corpus, No. 3, Miscellaneous Docket.
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Commonwealth of Pennsylvania ex rel. James Fraley v. Samuel P. Rotan. Petition for Habeas Corpus, No. 3, Miscellaneous Docket. On December 4th, the relator, acting by the warden of the Eastern State Penitentiary, presented his petition to this court for a writ of habeas corpus to Samuel P. Rotan, district attorney of Philadelphia County, for the production of the relator, alleging that the relator, while duly serving a sentence in the penitentiary, had, on November 30, 1923, been unlawfully removed therefrom on a writ of habeas corpus issued by a judge of the court of oyer and terminer of…
1Opinion of the Court
Per Curiam :
The matter comes before this court upon a petition for a writ of habeas corpus presented by the warden of the Eastern State Penitentiary in the name of James Fraley, who was a prisoner duly convicted and sentenced to that institution, the petition averring that said prisoner was unlawfully detained by the district attorney of Philadelphia County. A rule was entered to show cause why the writ should not be issued. An answer was filed by the district attorney. From the petition and answer we glean the facts which are here enumerated.
The grand jury made a report to the Court of Oyer…
2Cases cited2 opinions
- Commonwealth v. SmithSupreme Court of Pennsylvania · 1898
- O'Mara v. LambCourt of Appeals for the Third Circuit · 1908
3Cited by8 opinions
- Commonwealth v. HarbaughSuperior Court of Pennsylvania · 1963
- Vanaman v. CowgillSupreme Court of Pennsylvania · 1987
- Salemo v. SalemoSupreme Court of Pennsylvania · 1989
- United States v. QuinnDistrict Court, N.D. Illinois · 1946
- Commonwealth v. Albright, Pennsylvania Court of Common Pleas, Lehigh County1960
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