Commonwealth Ex Rel. Bishop v. Claudy

Opinion by

Mr. Justice Allen M. Stearne,

The Court of Common Pleas of Fulton County dismissed relator’s petition for a writ of habeas corpus after consideration of the petition and the answers thereto filed by the district attorney and the warden of the western penitentiary. The only question raised on this appeal is whether or not the learned court below was required to hold a hearing before disposing of the matter.

There can be no doubt that prior .to the Act of May 25, 1951, P. L. 415, 12 PS 1901 et seq., it was proper for a court to dismiss a petition for writ of habeas corpus without a…