Commonwealth Ex Rel. Kennedy v. Mingle

Opinion by

Mb. Justice Chidsey,

This is an appeal from the order of the Court of Common Pleas of Franklin County dismissing a petition for a writ of habeas corpus.

The relator, charged with the killing of his wife, was convicted on April 30, 1954 of murder in the first degree and the jury fixed the penalty at life imprison ment. He was duly sentenced on May 6, 1954. Somewhat over two years later, in July of 1956, while incarcerated in the Eastern State Penitentiary at Philadelphia, he mailed a petition for a writ of habeas corpus to the court below which was received on July 25, 1956. The…