Opinion
April 16, 1968.
May 21, 1968.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 26, Jan. T., 1968, from order of Court of Common Pleas of Northampton County, Aug. T., 1965, No. 142, in case of Commonwealth ex rel. John W. Wallis v. Joseph R. Brierley, Superintendent. Order reversed.
Habeas corpus.
Petition dismissed, opinion by WOODRING, J. Relator appealed.
Norman Seidel, with him Arnold J. Falk, for appellant.
Charles H. Spaziani, District Attorney, with him Nicholas M. Zanakos, Assistant District Attorney, for appellee.
In 1950, John W. Wallis was tried and convicted of murder in the first degree and sentenced to life imprisonment. No post-trial motions nor appeal from the judgment of sentence was ever filed. Fifteen and one-half years later Wallis filed a petition for a writ of habeas corpus. The lower Court refused to issue the writ and dismissed the petition. Wallis thereafter appealed to this Court.
At oral argument it became obvious that the writ should issue and the district attorney orally agreed that the petitioner is entitled to a new trial.
Order reversed, petition for habeas corpus granted and a new trial is ordered.