Opinion
December 14, 1960.
March 22, 1961.
Criminal Law — Practice — Habeas corpus — Federal offense committed while on parole — Surrender of prisoner to federal authorities — Detainer.
1. In a habeas corpus proceeding, in which it appeared that the petitioner was incarcerated in a federal penitentiary for a federal offense; that there was outstanding a warrant and detainer whereby he was to be delivered, after serving his sentence, to the Commonwealth for revocation of his parole and to serve the balance of a sentence imposed for a State offense; that petitioner contended that the Commonwealth, in surrendering him to the federal authorities for the federal offense committed while on parole, waived any further right to hold him; and that the court below held that petitioner's contention was without merit and dismissed the petition; it was Held that the order of the court below should be affirmed.
2. In such case, in which it appeared that petitioner requested that the court appoint counsel, the court below held that petitioner was not entitled to have counsel appointed in his behalf but called the matter to the attention of the Voluntary Defender, so that the latter, if he deemed it advisable, might undertake to represent petitioner.
Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.
Appeal, No. 362, Oct. T., 1960, from order of Court of Common Pleas No. 4 of Philadelphia County, June T., 1960, No. 1548, in case of Commonwealth ex rel. Frank Yanczak v. Warden, U.S. Penitentiary, Lewisburg, Pennsylvania. Order affirmed.
Same case in court below: 23 Pa. D. C. 2d 366.
Habeas corpus.
Order entered dismissing petition, opinion by WATERS, J. Relator appealed.
Frank Yanczak, appellant, in propria persona.
Patrick F. Casey and Arlen Specter, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Submitted December 14, 1960.
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the memorandum opinion of Judge WATERS, as reported in 23 Pa. 329 Pa. D. C.2d 366, with the additional citations added thereto: Com. ex rel. Miller v. Myers, 189 Pa. Super. 163, 149 A.2d 507; Com. ex rel. Tiscio v. Martin, 180 Pa. Super. 462, 120 A.2d 307.