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COMMONWEALTH EX REL. MONAGHAN v. BURKE (07/20/50)

July 20, 1950

COMMONWEALTH EX REL. MONAGHAN
v.
BURKE



COUNSEL

Charles A. Lord, Philadelphia, for appellant.

James W. Tracey, Jr., First Asst. Dist. Atty., and John H. Maurer, Dist. Atty., Philadelphia, for appellee.

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

[ 167 Pa. Super. Page 418]

PER CURIAM.

This is an appeal by relator from an order of the Court of Common Pleas of Montgomery County dismissing writ of habeas corpus.*fn1 Upon the filing of the petition for writ of habeas corpus and the answer of the District Attorney of Philadelphia County, the court below issued writ directing that the relator be produced in open court. A hearing was held at which relator was present.

The question presented on this appeal is whether the plea of nolo contendere is allowable in a non-capital felony. The relator in his petition averred that he was improperly permitted by the trial court to plead nolo contendere to four bills of indictment charging crimes of a serious nature, and thus was improperly sentenced on the plea to the state penitentiary for a maximum term of fifteen years.

[ 167 Pa. Super. Page 419]

On March 22, 1930, relator was arrested in the City of Philadelphia, and on March 24, 1930, he was indicted as follows:

Bill No. 1212, March Sessions, 1930 -- Assault. Being armed with an offensive weapon with an attempt to rob.

Robbery. Being armed with an offensive weapon.

Attempted robbery. And at commission thereof, beating, striking, and ill-using.

Bill No. 1213, March Sessions, 1930-Entering with intent to commit a felony.

Bill No. 1214, March Sessions, 1930-Assault and battery. Aggravated ...


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