Opinion
Submitted November 11, 1959.
January 18, 1960.
Criminal procedure — Habeas corpus — Lack of speedy trial — Constitutional law — Constitution of Pennsylvania — Article I, § 9 — Petition filed after conviction.
The failure to grant a prisoner a speedy trial as required by Article I, § 9 of the Constitution of Pennsylvania is not a valid ground for the issuance of a writ of habeas corpus where the petition seeking it is not filed until after the prisoner has been tried, convicted and sentenced to prison.
Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.
Appeal, No. 234, Jan. T., 1959, from order of Court of Common Pleas No. 2 of Philadelphia County, March T., 1959, No. 1587, in case of Commonwealth of Pennsylvania ex rel. Edward Gist v. William J. Banmiller, Warden. Order affirmed.
Same case in court below: 19 Pa. D. C.2d 347.
Habeas corpus.
Order entered dismissing petition, opinion by WATERS, J. Relator appealed.
Edward Gist, appellant, in propria persona.
Charles L. Durham and Domenick Vitullo, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
The order of the Court of Common Pleas No. 2 of Philadelphia County in this matter is affirmed on the opinion of Judge WATERS.