Opinion
September 11, 1962.
November 15, 1962.
Appeals — Timeliness — Criminal law — Review of sentence.
In this case, in which it appeared that defendant was convicted of larceny, and that he pleaded guilty to an indictment charging assault and battery and robbery with accomplice, and that he was sentenced on both indictments to life imprisonment under the Habitual Criminal Act; that since sentence defendant had made several applications for writs of habeas corpus and for writs of coram nobis which were refused; and that defendant in the instant proceeding filed a petition, titled as an appeal nunc pro tunc, in which he asked the court to review the sentence imposed and to modify it; and that the court below holding that the time for appeal had expired, and that defendant had received a proper sentence, 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.
Appeals, Nos. 292 and 293, Oct. T., 1962, from order of Court of Quarter Sessions of Lycoming County, Dec. T., 1951, Nos. 26 and 27, in case of Commonwealth of Pennsylvania v. Nathaniel Firmstone. Order affirmed.
Same case in court below: 28 Pa. D. C. 2d 483.
Proceeding upon petition of defendant for allowance of appeal nunc pro tunc.
Order entered refusing petition, before WILLIAMS, P.J., and GREEVY, J., opinion per curiam. Defendant appealed.
Nathaniel Firmstone, appellant, in propria persona.
Bertram S. Murphy, First Assistant District Attorney, for Commonwealth, appellee.
Submitted September 11, 1962.
The order of the court below dismissing petition for allowance of appeals nunc pro tunc is affirmed on the per curiam opinion of the court, as reported in 28 Pa. D. C.2d 483.