Commonwealth Ex Rel. Withers v. Ashe

Opinion by

Mr. Chief Justice Maxey,

This case came before us by a petition for a writ of habeas corpus, though it is called both a petition for such a writ and an appeal from the action of the Court of Common Pleas of Cambria County dismissing a petition for a writ of habeas corpus. The petition which was filed by the wife of the prisoner, Graynor Withers, sets forth that the Court of Common Pleas of Cambria County “stated it had no jurisdiction in the case inasmuch as Graynor Withers is now a prisoner in the State penitentiary and has release through the State Supreme Court only”.

The chief…