Opinion
April 13, 1962.
June 13, 1962.
Criminal Law — Practice — Indictment without presentation to grand jury — Failure of district attorney to sign indictment — Amendable defect — Act of June 15, 1939, P.L. 400.
1. The failure of the district attorney to sign an indictment, prepared under the Act of June 15, 1939, P.L. 400, § 1, without presentation to the grand jury and the finding of a true bill, is an amendable defect.
2. Commonwealth ex rel. Conrad v. Ashe, 142 Pa. Super. 254, Held controlling.
3. In this case, relator's contention that sentence was not proper on a bill of indictment to which the district attorney had failed to affix his signature, was Held to be without merit.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 73, April T., 1962, from order of Court of Common Pleas of Beaver County, Dec. T., 1961, No. 255, in case of Commonwealth ex rel. Carl Agnew Thomas v. James F. Maroney, Superintendent. Order affirmed.
Habeas corpus.
Order entered denying petition, opinion by SOHN, J. Relator appealed.
Carl Agnew Thomas, appellant, in propria persona, submitted a brief.
Peter O. Steege, Assistant District Attorney, for appellee.
Argued April 13, 1962.
Carl Agnew Thomas appeals from the order of the court below refusing the issuance of a rule for a writ of habeas corpus.
The only question presented by the petition is whether the sentence was proper on a bill of indictment to which the district attorney had failed to affix his signature. The defendant signed a waiver of presentment of indictment to the grand jury and to a trial by jury and entered a plea of guilty in conformity with the Act of June 15, 1939, P.L. 400, § 1, 19 P. S. § 241. This defect was amendable and the case is ruled by Com. ex rel. Conrad v. Ashe, 142 Pa. Super. 254, 15 A.2d 926.
Order affirmed.