Commonwealth ex rel. Campbell v. Russell

Opinion by

Mr. Justice Eagen,

This is a companion case of Commonwealth ex rel. Ensor v. Cummings, 420 Pa. 23, 215 A. 2d 651 (1966), *28and the same issues are involved.

The order of the lower court is reversed, and the record remanded with directions to issue the writ and order a new trial.

Mr. Justice Cohen dissents.