Com. ex Rel. Nichols v. Lederer

Full title: Commonwealth ex rel. Nichols, Appellant, v. Lederer

Court: Supreme Court of Pennsylvania

Date published: Jun 26, 1961

172 A.2d 319 (Pa. 1961)

172 A.2d 319

Opinion

April 27, 1961.

June 26, 1961.

Argued April 27, 1961. Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.

Appeal, No. 275, Jan. T., 1961, from order of Superior Court, Oct. T., 1960, No. 118, quashing appeal from order of Court of Common Pleas No. 4 of Philadelphia County, June T., 1959, No. 2831, in case of Commonwealth ex rel. D. Ward Nichols v. Francis J. Lederer, Philadelphia County Detectives. Order affirmed.

Same case in Superior Court: 193 Pa. Super. 482.

Habeas corpus.

Order entered dismissing petition, opinion by KELLEY, J. Relator appealed to Superior Court which quashed appeal, opinion by MONTGOMERY, J. Appeal to Supreme Court allowed.

Samuel Dash, for appellant.

Arlen Specter, Assistant District Attorney, with him Charles L. Durham and Thomas M. Reed, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and James M. Crumlish, Jr., District Attorney, for appellee.

OPINION PER CURIAM, June 26, 1961:

The order of the Superior Court is affirmed on the opinion of Judge MONTGOMERY, reported at 193 Pa. Super. 482, 165 A.2d 711 (1960).

Mr. Justice MUSMANNO dissents.