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Commonwealth ex rel. Miller v. Ashe, Warden

Commonwealth Ex Rel. Miller v. Ashe, Warden.

Commonwealth ex rel. Miller v. Ashe, 8 A.2d 540 (Pa. 1939)
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Court
Supreme Court of Pennsylvania · State Highest Courts
Decided
October 3, 1939
Judges
PER CURIAM, October 3, 1939:
Citations
8 A.2d 540336 Pa. 2281939 Pa. LEXIS 497

Opinion of the Court — Per Curiam

Per Curiam, The Superior Court refused relator’s petition for a writ of habeas corpus ( 133 Pa. Superior Ct. 245 ). He now applies to this court, again raising the question whether his conviction in Erie County was valid in view of the fact that the trial was presided over by the President Judge of the Orphans’ Court of that county pursuant to the Act of June 7, 1917, P. L. 363, sec 5. There is no need to determine the constitutionality of that section of the Orphans’ Court Act, since he was admittedly a de facto judge, and, as the Superior Court held, the writ must be refused on the authority of Corporation Funding & Finance Co. v. Stoffregen, 264 Pa.

*229 215, 219, 220, and Commonwealth v. Dattala, 77 Pa. Superior Ct. 320, 324 .

The rule to show cause is discharged and the petition dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1979: 119792026peak 1979 · 1

Relies on it most ⓘ

  1. State ex rel. Anglin v. Mitchell575 S.W.2d 284 (Tenn. 1979)

Most recent

  1. State ex rel. Anglin v. Mitchell575 S.W.2d 284 (Tenn. 1979)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Commonwealth v. Dattala, 77 Pa. Super. 320 (1921) 9

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