Opinion
Submitted October 12, 1964.
November 10, 1964.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 310, March T., 1964, from order of Superior Court, April T., 1964, No. 97, affirming order of Court of Common Pleas of Indiana County, Dec. T., 1963, No. 228, in case of Commonwealth ex rel. David L. Shawley v. James F. Maroney, Superintendent. Orders reversed and new trial ordered.
Same case in Superior Court: 203 Pa. Super. 719.
Habeas corpus.
Petition dismissed, opinion by CLARK, P. J.; relator appealed to Superior Court which affirmed order, per curiam. Appeal to Supreme Court allowed.
David L. Shawley, appellant, in propria persona.
W. Thomas Malcolm, District Attorney, for appellee.
In the light of our decisions in Commonwealth ex rel. O'Lock v. Rundle, 415 Pa. 515, 204 A.2d 439 (1964), and Commonwealth ex rel. Goodfellow v. Rundle, 415 Pa. 528, 204 A.2d 446 (1964), the orders of the Superior Court and the Court of Common Pleas of Indiana County are reversed. The record is remanded to the court of original jurisdiction with directions to issue the writ and grant a new trial.