Opinion
June 14, 1962.
September 13, 1962.
Criminal Law — Practice — Habeas corpus — Alleged inconsistency of verdicts — Assault by prisoner — Robbery with accomplice.
In a habeas corpus proceeding, in which it appeared that petitioner and another were indicted on charges of assault by prisoner, prison breach and escape, and robbery with accomplice; that the jury returned verdicts finding defendant and his accomplice not guilty of assault by prisoner, guilty of robbery with accomplice, and guilty of escape; and that petitioner contended that the verdict of acquittal on the charge of assault by prisoner was inconsistent with the verdict of guilty on the charge of robbery with accomplice, and, therefore, the sentence on the latter charge had to be set aside; it was Held that the order of the court below dismissing the petition should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 237, Oct. T., 1962, from order of Court of Common Pleas of Huntingdon County, May T., 1962, No. 33, in case of Commonwealth ex rel. Donald C. Davidson v. Arthur T. Rundle, Superintendent. Order affirmed.
Same case in court below: 27 Pa. D C. 2d 762.
Habeas corpus.
Order entered dismissing petition, opinion by HIMES, P.J. Relator appealed.
Donald C. Davidson, appellant, in propria persona.
Warren R. Yocum, Jr., District Attorney, for appellee.
Submitted June 14, 1962.
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of President Judge HIMES of the Court of Common Pleas of Huntingdon County, as reported in 27 Pa. D. C. 2d 762.