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COMMONWEALTH EX REL. KOFFEL v. MYERS. (06/11/57)

June 11, 1957

COMMONWEALTH EX REL. KOFFEL, APPELLANT,
v.
MYERS.



Appeal, No. 155, Oct. T., 1956, from order of Court of Common Pleas of Berks County, Jan. T., 1956, No. 28, in case of Commonwealth ex rel. Lester G. Koffel v. D. N. Myers, Warden State Penitentiary, Graterford, Pennsylvania. Order affirmed.

COUNSEL

N. Coleman Shapiro, for appellant.

Peter F. Cianci, Assistant District Attorney, with him Frederick Edenharter, Assistant District Attorney, and Frederick O. Brubaker, District Attorney, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (hirt, J., absent).

Author: Watkins

[ 184 Pa. Super. Page 271]

OPINION BY WATKINS, J.

This is an appeal by Lester G. Koffel from the order

[ 184 Pa. Super. Page 272]

    of the Court of Common Pleas of Berks County dismissing his petition for a writ of habeas corpus.

On September 8, 1954, a true bill was returned by the grand jury. It contained two counts, one charging sodomy and the other, contributing to the delinquency of a minor. The defendant plead not guilty and was tried before a jury and convicted on both counts. He was sentenced on November 4, 1954 to undergo imprisonment for not less than eighteen months nor more than five years in the Eastern State Penitentiary. No new trial was sought nor any appeal taken.

The matters raised in this appeal have been recently passed upon by the appellate courts and were capably reviewed, by the lower court, in support of the order dismissing the petition.

The petitioner complains that stenographic notes were not taken at the trial; that he was illegally arrested; that the conviction was based on illegally obtained evidence; that counsel did not adequately and properly protect his rights; that the court was without jurisdiction because it was not shown that the acts were committed in Berks County; that the procedure before the alderman and the grand jury was illegal; that the bail was excessive; and the remarks of the court prejudicial.

This is the now usual catchall attempt to use the extraordinary writ of habeas corpus as ...


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