Opinion
December 12, 1960.
December 14, 1960.
Criminal Law — Practice — Speedy trial — Detainer lodged against defendant in Virginia — Constitutional law — Interstate compact — Act of September 8, 1959, P.L. 829.
In this case, in which it appeared that while defendant was confined in a Virginia State penitentiary an information was filed before a justice of the peace in Pennsylvania charging defendant with armed robbery, on the basis of which information a warrant was lodged with the Virginia authorities to act as a detainer; that subsequently a true bill was found on an indictment, and notice of this action was transmitted to the authorities of the Virginia penitentiary to support the detainer lodged with them; and that the court below dismissed defendant's motion for a speedy trial or dismissal of the charge against him, holding that (a) defendant's constitutional guarantee of a speedy trial did not require that he be brought before the Pennsylvania court immediately for disposition of the charge against him or that the same be dismissed and (b) the Commonwealth of Virginia was not a party to the interstate compact provided for by the Act of September 8, 1959, P.L. 829, it was Held that the judgment of the court below should be affirmed.
Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.
Appeal, No. 344, Oct. T., 1960, from judgment of Court of Oyer and Terminer and General Jail Delivery of Cumberland County, May T., 1957, No. 8, in case of Commonwealth of Pennsylvania v. Kenneth Robert Bressler. Judgment affirmed.
Same case in court below: 22 Pa. D. C. 2d 559.
Indictment charging defendant with robbery while armed with an offensive weapon and with an accomplice.
Motion by defendant for a speedy trial and/or dismissal of charge overruled, opinion by SHUGHART, P.J. Defendant appealed.
Kenneth Robert Bressler, appellant, in propria persona.
Richard C. Snelbaker, Assistant District Attorney, and Harold S. Irwin, Jr., District Attorney, for Commonwealth, appellee.
Submitted December 12, 1960.
The judgment of the Court of Oyer and Terminer and General Jail Delivery of Cumberland County is affirmed on the opinion of President Judge SHUGHART for the court below, reported at 22 Pa. D. C.2d 559.