Summary
In Wolenski, we affirmed, per curiam, the court below which said: "The question for decision is whether this court had the right to refuse relator's petition for a writ of habeas corpus.
Summary of this case from Com. ex rel. Johnson v. ShovlinOpinion
September 12, 1962.
November 15, 1962.
Criminal Law — Practice — Habeas corpus — Relator confined to mental institution after commission of crime — Evidence — Hospital report — Averments of petition — Mental unsoundness and inability to stand trial.
In a habeas corpus proceeding, in which it appeared that relator was charged in an information with assault and battery and the inflicting of mortal wounds from which the victim died; that upon petition relator was committed to Farview State Hospital; that the petition for the writ itself disclosed a disturbed mind and referred to improbable persecutions, and in the opinion of the hospital staff relator was still mentally unsound and could not stand trial for his crime; and that the court below, holding that the hospital report and the petition itself justified it in refusing a hearing, dismissed the petition; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 319, Oct. T., 1962, from order of Court of Common Pleas of Delaware County, June T., 1962, No. 297, in case of Commonwealth ex rel. Henry V. Wolenski v. John P. Shovlin, Superintendent. Order affirmed.
Same case in court below: 28 Pa. D. C. 2d 485.
Habeas corpus.
Order entered dismissing petition, opinion by SWENEY, P.J. Relator appealed.
Henry V. Wolenski, appellant, in propria persona.
Ralph B. D'Iorio, First Assistant District Attorney, and Jacques H. Fox, District Attorney, for appellee.
Submitted September 12, 1962.
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of President Judge SWENEY of the Court of Common Pleas of Delaware County, as reported in 28 Pa. D. C. 2d 485.