Summary
In Com. ex rel. Thomas v. Claudy, 173 Pa. Super. 238, 98 A.2d 260, we affirmed the dismissal of his petition by the Court of Common Pleas of Beaver County. The present appeal is from a similar order by that court.
Summary of this case from Commonwealth ex rel. Thomas v. MaroneyOpinion
April 13, 1953.
July 14, 1953.
Criminal law — Habeas corpus — Indictment containing charges other than charge pleaded to — Costs — Admission of guilt — Act of March 10, 1905, P. L. 35.
In a habeas corpus proceeding, in which relator set forth admitted facts which clearly disclosed that he had committed robbery while armed with an offensive weapon, and assigned as reasons for the writ that the bill of indictment was defective in that it contained charges besides robbery for which he was sentenced, and that there was a noncompliance with the Act of March 10, 1905, P. L. 35, relative to costs, it was Held that these matters were not reviewable on habeas corpus and that the petition was properly dismissed.
Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS and WRIGHT, JJ. (GUNTHER, J., absent).
Appeal, No. 12, April T., 1953, from order of Court of Common Pleas of Beaver County, Dec. T., 1952, No. 95, in case of Commonwealth of Pennsylvania ex rel. Carl Agnew Thomas v. Dr. John W. Claudy, Warden, Western State Penitentiary. Order affirmed.
Habeas corpus proceeding.
Order entered dismissing petition, opinion by SOHN, J. Relator appealed.
Carl Agnew Thomas, appellant, in propria persona.
J.L. Solomon, with him Richard P. Steward, District Attorney, for appellee.
Argued April 13, 1953.
Relator appeals from an order of the Court of Common Pleas of Beaver County dismissing his petition for writ of habeas corpus. There is no merit in his contentions, and the order of the court below will be affirmed. The reasons relator assigns for a writ of habeas corpus are that the bill of indictment was defective in that it contained charges besides robbery for which he was sentenced, and that there was a noncompliance with the Act of March 10, 1905, P. L. 35, 19 P. S. § 1293, 1294, 1295, relative to costs. These matters are not presently reviewable on habeas corpus.
Relator's petition sets forth admitted facts which clearly disclose that he committed robbery while armed with an offensive weapon. His sentence was for a term of not less than five years nor more than ten years in the Western State Penitentiary. See Act of June 24, 1939, P. L. 872, §§ 704, 705, 18 Pa.C.S.A. § 4704, 4705.
Judge SOHN of the Court of Common Pleas of Beaver County, in his opinion dismissing relator's petition, conclusively said:
"Carl Agnew Thomas is presently confined in the Western State Penitentiary because of a violation of parole and under sentence on a plea of guilty to a charge of robbery committed while petitioner was on parole. At Number 289 March Term, 1952, his petition for a writ of habeas corpus was dismissed. This is another petition for the issuance of a writ of habeas corpus.
"We have examined the petition and conclude that there is no allegation in the petition to support a writ of habeas corpus, or a rule to show cause why a writ of habeas corpus should not issue.
"Petitioner alleges that the indictment is invalid because the charge of robbery and larceny appear in the same indictment. There is no merit in this complaint. He admits that he is guilty of larceny. He avers facts which would support a verdict by a jury of guilty of the charge of robbery. Defendant did not stand trial. He was represented by counsel and entered a plea of guilty. If the facts upon which petitioner relies were accepted as true, there would exist no factual or legal basis to support a writ of habeas corpus."
Order is affirmed.