Appeal, No. 340, Oct. T., 1961, from order of Court of Common Pleas of Northampton County, Sept. T., 1960, No. 116, in case of Commonwealth ex rel. Stephen M. Konchick, Jr. v. Thomas Ceraul, Warden. Order affirmed.
Stephen M. Konchick, Jr., appellant, in propria persona.
No argument was made nor brief submitted for appellee.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
[ 197 Pa. Super. Page 172]
This is an appeal by Stephen M. Konchick, Jr., the petitioner-appellant, from an order of the Court of Common Pleas of Northampton County, denying his petition for a writ of habeas corpus.
We adopt the following portions of the opinion of the court below, as written by President Judge BARTHOLD.
"This is a petition for a writ of habeas corpus to test the validity of a deferred sentence.
"The court allowed relator to present the petition in forma pauperis and appointed counsel to represent him.
"Relator in his amended petition averred that he entered a plea of guilty to a charge of burglary on September 14, 1953 (indictment No. 24, June Term, 1953); that he was not sentenced for the offense until September 12, 1955, when the court imposed a prison term of
[ 197 Pa. Super. Page 173]
not less than 5 nor more than 20 years; and that there was no formal deferment or suspension or other reason for the delay of ...