Com. ex rel. Bable v. Maroney

Citation241 A.2d 121,212 Pa.Super. 177
PartiesCOMMONWEALTH of Pennsylvania ex rel. Kenneth R. BABLE, Appellant, v. James P. MARONEY, Superintendent, State Correctional Institution, Pittsburgh, Pennsylvania.
Decision Date21 March 1968
CourtPennsylvania Superior Court

Page 121

241 A.2d 121
212 Pa.Super. 177
COMMONWEALTH of Pennsylvania ex rel. Kenneth R. BABLE, Appellant,
v.
James P. MARONEY, Superintendent, State Correctional
Institution, Pittsburgh, Pennsylvania.
Superior Court of Pennsylvania.
March 21, 1968.

Page 122

Kenneth R. Bable, in pro. per.

Harold V. Fergus, Dist. Atty., Arnold W. Hirsh, First Asst. Dist. Atty., Washington County, for appellee.

Before ERVIN, P.J., and WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

PER CURIAM:

Petitioner filed a petition for habeas corpus, and a hearing was held on February 10, 1967, to determine [212 Pa.Super. 178] if the allegations therein were meritorious. The petition was denied on April 10, 1967, and from that denial, this appeal followed.

The record before us shows that no memorandum opinion was filed by the lower court, no brief was filed by the District Attorney of Washington County when the case was appealed to our Court, and the notes of testimony taken at the hearing have not been transcribed, notwithstanding demands by the petitioner, and are not part of the record...

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