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COMMONWEALTH v. ANDERSON (12/14/67)

decided: December 14, 1967.

COMMONWEALTH
v.
ANDERSON, APPELLANT



Appeal from order of Court of Quarter Sessions of Susquehanna County, Aug. T., 1961, No. 16, in case of Commonwealth of Pennsylvania v. Archie Alfred Anderson.

COUNSEL

Archie Alfred Anderson, appellant, in propria persona.

M. Donald O'Malley, District Attorney, for Commonwealth, appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Spaulding, JJ. (Hoffman, J., absent). Opinion by Watkins, J.

Author: Watkins

[ 211 Pa. Super. Page 350]

This is an appeal from the order of the Court of Quarter Sessions of Susquehanna County dismissing the post-conviction petition of Archie Alfred Anderson, the defendant-appellant, and refusing to grant a writ of habeas corpus.

The defendant in 1961, when he was eighteen years of age, was arrested and charged with arson but was never tried or convicted of any crime. The defendant's petition was in error that he was tried by a judge without a jury; that he pleaded guilty to any crime; or that he was "taken to Montrose County Court house where Judge Littler than sentence me to a term of Indet. in Dallas correctional Institution." There was no sentence filed and the defendant was committed as a result of an examination by a commission appointed by the court to determine whether or not he was mentally defective and needed treatment as provided by the statute.

The Act of 1951, June 12, P. L. 533, Art. III, § 347, 50 PS § 1222, reads as follows:

"Whenever any person charged with crime, upon production or appearance before the court, appears to

[ 211 Pa. Super. Page 351]

    be mentally ill or in need of care in a mental hospital, the court shall designate a responsible person to apply for his commitment, or for his commitment for observation, treatment and diagnosis, by order of such court, in accordance with the provisions of this act for the commitment of persons who are not convicted of crime or who have not been charged with crime."

The Act of 1951, supra, further provides in § 327, 50 PS § 1202, as follows:

"(a) Whenever petition is made to a court for an order for the commitment of any person thought to be mentally ill to a hospital, the court may immediately appoint a commission to ...


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