Opinion
March 7, 1960.
March 24, 1960.
Criminal Law — Practice — Habeas corpus — Burglary — Breaking and entering — Time of day.
In a habeas corpus proceeding, in which it appeared that relator, who was serving sentences imposed for a series of burglaries, averred that the indictments to which he had pleaded guilty were for the crimes of breaking and entering and forcible entry with intent to commit felonies within the premises, whereas by inadvertence or because of deception he had pleaded guilty to crimes known as "burglary", apparently contending that the word "burglary" meant breaking and entering in the nighttime, and, therefore, he had pleaded guilty to a crime not charged in the indictment; and that the court below dismissed the petition without a hearing; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.
Appeal, No. 46, Feb. T., 1960, from order of Court of Common Pleas of Lackawanna County, Sept. T., 1959, No. 1547, in case of Commonwealth of Pennsylvania ex rel. Ellsworth J. Sickler v. David N. Myers, Superintendent. Order affirmed.
Same case in court below: 20 Pa. D. C. 2d 194.
Habeas corpus.
Order entered dismissing petition, opinion by HOBAN, P.J. Relator appealed.
Ellsworth J. Sickler, appellant, in propria persona, submitted a brief.
Thomas J. Foley, Assistant District Attorney, and Carlon M. O'Malley, District Attorney, for appellee.
Submitted March 7, 1960.
The order of the court below refusing to issue writ of habeas corpus is affirmed on the opinion of President Judge HOBAN, as reported in 20 Pa. D. C. 2d 194.