Opinion
March 21, 1962.
April 12, 1962.
Criminal Law — Practice — Habeas corpus — Prison breach — Indictment — Sufficiency — Averment of location of prison.
In a habeas corpus proceeding, in which it appeared that relator and another entered pleas of guilty to an indictment charging prison breach; that relator contended that the indictment was defective in that the location of the prison was not specified, and that as a result the defendant could not plead autrefois convict in the event that the Commonwealth should attempt to prosecute him again for the same offense; that relator's testimony of record in the trial court established with certainty that he was sentenced for prison breach committed by him while he was confined in a particular county jail on or about a certain date; and that the court below, holding that petitioner's contention was without merit, 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. 133, Oct. T., 1962, from order of Court of Common Pleas of Huntingdon County, Feb. T., 1962, No. 15, in case of Commonwealth ex rel. Fred Fisher v. Harry E. Russell, Superintendent. Order affirmed.
Same case in court below: 26 Pa. D. C. 2d 504.
Habeas corpus.
Order entered dismissing petition, opinion by HIMES, P.J. Relator appealed.
Fred Fisher, appellant, in propria persona.
Warren R. Yocum, Jr., District Attorney, for appellee.
Submitted March 21, 1962.
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of President Judge HIMES of the Court of Common Pleas of Huntingdon County, as reported in 26 Pa. D. C. 2d 504.