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COMMONWEALTH EX REL. THOMAS v. MARONEY. (06/13/62)

THE SUPERIOR COURT OF PENNSYLVANIA


June 13, 1962

COMMONWEALTH EX REL. THOMAS, APPELLANT,
v.
MARONEY.

Appeal, No. 73, April T., 1962, from order of Court of Common Pleas of Beaver County, Dec. T., 1961, No. 255, in case of Commonwealth ex rel. Carl Agnew Thomas v. James F. Maroney, Superintendent. Order affirmed.

COUNSEL

Carl Agnew Thomas, appellant, in propria persona, submitted a brief.

Peter O. Steege, Assistant District Attorney, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Ervin

[ 198 Pa. Super. Page 119]

OPINION BY ERVIN, J.

Carl Agnew Thomas appeals from the order of the court below refusing the issuance of a rule for a writ of habeas corpus.

The only question presented by the petition is whether the sentence was proper on a bill of indictment to which the district attorney had failed to affix his signature. The defendant signed a waiver of presentment of indictment to the grand jury and to a trial by jury and entered a plea of guilty in conformity with the Act of June 15, 1939, P.L. 400, § 1, 19 PS § 241. This defect was amendable and the case is ruled by Com. ex rel. Conrad v. Ashe, 142 Pa. Superior Ct. 254, 15 A.2d 926.

Disposition

Order affirmed.

19620613

© 1998 VersusLaw Inc.



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