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Com. ex rel. Strickland, v. Myers

Superior Court of Pennsylvania
Sep 13, 1962
184 A.2d 399 (Pa. Super. Ct. 1962)

Opinion

June 12, 1962.

September 13, 1962.

Criminal Law — Practice — Habeas corpus — Allegations of relator — Denial of procedural pre-trial rights — Copy of notes of testimony — Swearing of jury — Conduct of trial court — Aggregate sentences on various indictments exceeding maximum on any one bill.

In a habeas corpus proceeding, in which it appeared that relator, who was convicted and sentenced on indictments charging aggravated assault and battery, assault with intent to commit robbery, attempted robbery, and concealing a deadly weapon, alleged that (a) he was not given a preliminary hearing, copies of sworn complaints, bills of indictment or pre-trial notice of certain bills, (b) he was not furnished a copy of the notes of testimony, (c) the jury was not sworn, (d) the conduct of the trial court deprived him of the effective assistance of his counsel and his right to testify in his own behalf, and (e) that he could not be sentenced in the aggregate on the different bills to a term exceeding the maximum sentence on any one bill, and that the court below, holding that relator's contentions were without merit, dismissed 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. 172, Oct. T., 1962, from order of Court of Common Pleas No. 6 of Philadelphia County, Sept. T., 1961, No. 954, in case of Commonwealth ex rel. William Strickland v. David N. Myers, Superintendent. Order affirmed.

Same case in court below: 27 Pa. D. C. 2d 741.

Habeas corpus.

Order entered dismissing petition, opinion by KELLEY, J. Relator appealed.

William Strickland, appellant, in propria persona.

John F. Hassett and Arlen Specter, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.


Submitted June 12, 1962.


The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge KELLEY of the Court of Common Pleas No. 6 of Philadelphia County, as reported in 27 Pa. D. C. 2d 741.


Summaries of

Com. ex rel. Strickland, v. Myers

Superior Court of Pennsylvania
Sep 13, 1962
184 A.2d 399 (Pa. Super. Ct. 1962)
Case details for

Com. ex rel. Strickland, v. Myers

Case Details

Full title:Commonwealth ex rel. Strickland, Appellant, v. Myers

Court:Superior Court of Pennsylvania

Date published: Sep 13, 1962

Citations

184 A.2d 399 (Pa. Super. Ct. 1962)
184 A.2d 399

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