Commonwealth ex rel. McCormick v. Russell

Opinion by

Wright, J.,

On December 1, 1964, William McCormick, presently an inmate of the State Correctional Institution at Huntingdon, filed in Court of Common Pleas No. 1 of Philadelphia County a petition for a writ of habeas corpus. The following day Judge Chudoee granted a rule to show cause why the writ should not issue, returnable December 22, 1964. An answer was filed by the superintendent of the institution, but no answer was filed by the district attorney. On May 12, 1965, *462President Judge Gold granted the writ.1 The Commonwealth has appealed.

The docket entries in the Court of Quarter…