Opinion
March 20, 1972.
Submitted April 19, 1971. Before BELL, C. J., JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.
Appeal, No. 320, Jan. T., 1971, from orders of Superior Court, Oct. T., 1970, No. 1052, affirming order of Court of Common Pleas, Trial Division, of Philadelphia, Dec. T., 1966, Nos. 65 and 66, in case of Commonwealth of Pennsylvania v. James T. Pope. Orders reversed.
Same case in Superior Court: 217 Pa. Super. 389.
Petition for writ of habeas corpus. Before CAIN, JR., J.
Petition denied. Petitioner appealed to the Superior Court, which affirmed the order of the court below, opinion per curiam, dissenting opinion by HOFFMAN, J. Appeal to Supreme Court allowed.
Eugene H. Clarke, Jr., for appellant.
Mark Sendrow, David Richman, and Milton M. Stein, Assistant District Attorneys, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
The orders of the Superior Court and the Philadelphia Court of Common Pleas are reversed. See, Com. v. Mills, 447 Pa. 163, 286 A.2d 638 (1971).
The former Mr. Chief Justice BELL, and the former Mr. Justice BARBIERI took no part in the decision of this case.