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COMMONWEALTH EX REL. RITCHEY v. MCHUGH. (06/10/59)

June 10, 1959

COMMONWEALTH EX REL. RITCHEY, APPELLANT,
v.
MCHUGH.



Appeal, No. 59, April T., 1959, from order of Court of Common Pleas of Cambria County, Sept. T., 1958, No. 905, in case of Commonwealth of Pennsylvania ex rel. Ritchey v. John B. McHugh, Warden. Order affirmed.

COUNSEL

Eugene Creany, and Harry C. Benton, for appellant.

Ferdinand F. Bionaz, First Assistant District Attorney, and David C. Wolfe, District Attorney, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Rhodes

[ 189 Pa. Super. Page 516]

OPINION BY RHODES, P.J.

This is an appeal from the order of the Court of Common Pleas of Cambria County refusing relator's

[ 189 Pa. Super. Page 517]

    petition for writ of habeas corpus. The question presented is whether a writ of habeas corpus should be granted in this case to contradict the record and establish that the crime was not committed in the county where the conviction took place.

On June 13, 1958, relator entered, in the Court of Oyer and Terminer of Cambria County, a plea of guilty to an indictment charging statutory rape. He was sentenced to serve a term of not less than one year nor more than three years in the Cambria County Jail. The indictment set forth that the crime was committed in Cambria County. Relator signed a waiver of presentment to the grand jury and entered a plea of guilty endorsed upon the bill of indictment. When entering his plea relator was represented by counsel of his own choosing.*fn1

In his petition for writ of habeas corpus relator alleged that the crime was committed in Blair County and not in Cambria County. A hearing was held on the petition. At the hearing relator testified that he met three young men in Blair County who had picked up four girls ranging in age from thirteen to fifteen years, in the Borough of Portage, Cambria County. The group drove to a farm owned by relatives of one of the young men, where relator had intercourse with one of the girls. He stated that the act of intercourse took place in Blair County approximately seven miles from the Cambria County line. Relator thereafter returned the girls to their homes in Portage, Cambria

[ 189 Pa. Super. Page 518]

County. The prosecutor, a Cambria County detective, testified that from information received from the girls and defendants the act of intercourse occurred at a place in Blair County approximately three miles from the Cambria County line. The information was filed before a justice of the peace in Portage Township, Cambria County. After hearing, the Court of Common Pleas of Cambria County dismissed the petition, holding that relator could not contradict the record and retry the factual matter of the territorial ...


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