Opinion
October 6, 1964.
January 5, 1965.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 15, May T., 1965, certified from Superior Court on appeal from order of Court of Common Pleas of York County, May T., 1964, No. 394, in case of Commonwealth ex rel. Charles C. Campbell v. H. E. Russell et al. Order vacated with directions.
Habeas corpus.
Petition dismissed, opinion by ATKINS, P. J. Relator appealed.
Martin Vinikoor, with him Stanford Shmukler, and Vinikoor, Fein, Criden and Johanson, for appellant.
Daniel W. Shoemaker, District Attorney, with him Lewis H. Markowitz and Earl R. Doll, Assistant District Attorneys, and John T. Miller, First Assistant District Attorney, for appellees.
This is an action in habeas corpus which was dismissed, after hearing, by the Court of Common Pleas of York County. An appeal, filed in the Superior Court, was certified here because we had under consideration a companion case involving the same issues. See, Commonwealth ex rel. Ensor v. Cummings, 416 Pa. 510, 207 A.2d 230 (1965).
For the reasons stated in Ensor, the order of the court below is vacated and the record is remanded to the court of original jurisdiction with directions to proceed in accordance with the Ensor opinion.