Com. ex rel. Bable v. Maroney

Full title: Commonwealth ex rel. Bable, Appellant, v. Maroney

Court: Superior Court of Pennsylvania

Date published: Mar 21, 1968

241 A.2d 121 (Pa. Super. Ct. 1968)

241 A.2d 121

Opinion

November 13, 1967.

March 21, 1968.

Appeals — Record — Habeas corpus — Notes of testimony not transcribed and made part of record — Absence of memorandum opinion by lower court and brief by district attorney.

In this case, in which it appeared that relator's petition for habeas corpus was denied after hearing; and that no memorandum opinion was filed by the lower court, no brief was filed by the county district attorney when the case was appealed to the appellate court, and that the notes of testimony taken at the hearing had not been transcribed, notwithstanding demands by relator, and were not part of the record; it was Held that the case should be remanded to the court below with instructions to hold another hearing at which petitioner would be represented by counsel and the notes of testimony taken at such hearing would be transcribed and made a part of the record.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

Appeal, No. 206, April T., 1967, from order of Court of Quarter Sessions of Washington County, Sept. T., 1965, Nos. 26 and 99, in case of Commonwealth ex rel. Kenneth R. Bable v. James F. Maroney, Superintendent. Case remanded.

Habeas corpus. Before SWEET, P.J.

Order entered dismissing petition. Relator appealed.

Kenneth R. Bable, appellant, in propria persona.

Arnold W. Hirsch, First Assistant District Attorney, and Harold V. Fergus, District Attorney, for appellee.

Submitted November 13, 1967.

OPINION PER CURIAM, March 21, 1968:

Petitioner filed a petition for habeas corpus, and a hearing was held on February 10, 1967, to determine if the allegations therein were meritorious. The petition was denied on April 10, 1967, and from that denial, this appeal followed.

The record before us shows that no memorandum opinion was filed by the lower court, no brief was filed by the District Attorney of Washington County when the case was appealed to our Court, and the notes of testimony taken at the hearing have not been transcribed, notwithstanding demands by the petitioner, and are not part of the record. Consequently, it is impossible for us to adequately review the case at bar and to consider the legal issues involved in light of this incomplete record.

We remand the case, therefore, to the lower court with instructions to hold another hearing at which petitioner will be represented by counsel and the notes of testimony taken at that hearing will be transcribed and made a part of the record.