Appeal from order of Court of Common Pleas of Lackawanna County, Nov. T., 1966, No. 434, in case of Commonwealth ex rel. William Joseph McGurrin v. John Shovlin, Superintendent.
William Joseph McGurrin, appellant, in propria persona.
Joseph J. Cimino, District Attorney, for appellee.
Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Dissenting Opinion by Hoffman, J. Montgomery, J., joins in this dissenting opinion.
[ 210 Pa. Super. Page 296]
Dissenting Opinion by Hoffman, J.:
The petitioner in the instant case is William Joseph McGurrin, who is presently confined in the Farview State Hospital. In his handwritten petition, McGurrin requests that our court grant his petition for writ of habeas corpus on the ground that he was committed by the Court of Quarter Sessions of Lackawanna County at a time when he was not represented by counsel.
A brief review of the facts in this case is necessary for a full understanding of the question now presented before our court.
McGurrin was arrested by agents of the Federal Bureau of Investigation in September of 1963 for having written threatening letters to the late President John F. Kennedy. He was lodged by the federal authorities in the Lackawanna County prison pending disposition of these charges.
On September 16, 1963, the United States Marshal for the Middle District of Pennsylvania petitioned the Court of Quarter Sessions of Lackawanna County to inquire into the sanity of McGurrin pursuant to ...