From Casetext: Smarter Legal Research

Commonwealth ex rel. Miller v. Ashe

Supreme Court of Pennsylvania
Oct 3, 1939
8 A.2d 540 (Pa. 1939)

Opinion

October 3, 1939.

Criminal law — Trial — Judge — President judge of orphans' court — De facto judge — Act of June 7, 1917, P. L. 363 — Constitutionality.

1. Corporation Funding Finance Co. v. Stoffregen, 264 Pa. 215, and Com. v. Dattala, 77 Pa. Super. 320, held controlling.

2. Constitutionality of section 5 of the Orphans' Court Act of June 7, 1917, P. L. 363, not determined.

Petition for writ of habeas corpus. Original jurisdiction, Misc. Docket No. 1063, in case of Commonwealth ex rel. Jack Miller v. Stanley P. Ashe, Warden, State Penitentiary, Western District. Rule to show cause discharged and petition dismissed.


The Superior Court refused relator's petition for a writ of habeas corpus ( 133 Pa. Super. 245). He now applies to this court, again raising the question whether his conviction in Erie County was valid in view of the fact that the trial was presided over by the President Judge of the Orphans' Court of that county pursuant to the Act of June 7, 1917, P. L. 363, sec 5. There is no need to determine the constitutionality of that section of the Orphans' Court Act, since he was admittedly a de facto judge, and, as the Superior Court held, the writ must be refused on the authority of Corporation Funding Finance Co. v. Stoffregen, 264 Pa. 215, 219, 220, and Conmonwealth v. Dattala, 77 Pa. Super. 320, 324.

The rule to show cause is discharged and the petition dismissed.


Summaries of

Commonwealth ex rel. Miller v. Ashe

Supreme Court of Pennsylvania
Oct 3, 1939
8 A.2d 540 (Pa. 1939)
Case details for

Commonwealth ex rel. Miller v. Ashe

Case Details

Full title:Commonwealth ex rel. Miller v. Ashe, Warden

Court:Supreme Court of Pennsylvania

Date published: Oct 3, 1939

Citations

8 A.2d 540 (Pa. 1939)
8 A.2d 540