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COMMONWEALTH EX REL. HICE v. ASHE (01/12/50)

January 12, 1950

COMMONWEALTH EX REL. HICE
v.
ASHE, WARDEN



COUNSEL

George Hice, petitioner pro se.

William S. Rahauser, District Attorney, Owen B. McManus, Assistant District Attorney, Pittsburgh, for appellee.

Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross and Fine, JJ.

Author: Rhodes

[ 166 Pa. Super. Page 36]

RHODES, President Judge.

This is an appeal by relator in a habeas corpus proceeding from the order of the Court of Common Pleas of Allegheny County dismissing his petition and refusing a writ of habeas corpus.

It appears the relator was arrested on May 1, 1947, in Crawford County, Pennsylvania, on a charge of burglary; that he entered a plea of nolo contendere; and that he was sentenced by the court to a term of not less than ten years and not more than twenty years in the Western State Penitentiary. The judgment of conviction follows upon such a plea as well as upon a plea of guilty. Com. v. Ferguson, 44 Pa. Super. 626, 628.

Relator contends that the indictment was lacking in essential requirements. The bill (No. 11, September

[ 166 Pa. Super. Page 37]

Sessions, 1947, Court of Quarter Sessions of Crawford County) was drawn under the Act of April 15, 1907, P.L. 62, as amended, 19 P.S. ยง 241. The indictment was endorsed by the President Judge of the Courts of Crawford County as follows:

'Now, May 26, 1947, the defendant in open Court, pleads nollo contendere to the charge preferred in the within indictment, waives presentation thereof to the Grand Jury, and consents to the pronunciation of sentence forthwith.

'Per Curiam

'O. Clare Kent, ...


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