Opinion
September 10, 1962.
November 15, 1962.
Criminal Law — Practice — Habeas corpus — Allegations — Indictments not signed by district attorney — Indictments not showing nature of plea — Absence of indictment by grand jury — Refusal of request for counsel.
In a habeas corpus proceeding, in which it appeared that relator alleged that the indictments under which he was sentenced were not signed by the district attorney, that the first of the indictments did not show how he plead (although the record showed that relator and two others plead guilty), and that he was never indicted by the grand jury (but the record showed that he was mistaken about this), and that he requested counsel and was refused; and that the court below, holding that it could not grant relief, refused the petition; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 87, Oct. T., 1962, from order of Court of Common Pleas of Delaware County, Sept. T., 1961, No. 16, in case of Commonwealth ex rel. Harry Craig v. William J. Banmiller, Warden. Order affirmed.
Same case in court below: 28 Pa. D. C. 2d 347.
Habeas corpus. Before SWENEY, P.J.
Order entered refusing petition. Relator appealed.
Harry Craig, appellant, in propria persona. John R. Graham, Assistant District Attorney, Ralph B. D'Iorio, First Assistant District Attorney, and Jacques H. Fox, District Attorney, for appellee.
Submitted September 10, 1962.
The order of the court below is affirmed on the opinion of Judge HENRY G. SWENEY, President Judge of the Court of Common Pleas of Delaware County, as reported in 28 Pa. D. C. 2d 347. Also see Commonwealth ex rel. Thomas v. Maroney, 198 Pa. Super. 118, 181 A.2d 8621 (1962).