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Commonwealth ex rel. Thayer v. Keenan

Superior Court of Pennsylvania
Jul 17, 1958
144 A.2d 256 (Pa. Super. Ct. 1958)

Opinion

June 17, 1958.

July 17, 1958.

Criminal law — Practice — Habeas corpus — Collateral impeachment of court record — Allegations — Arrest on Sunday — Failure of justice of peace to give full hearing — Refusal of bail — Inquiry by sentencing judge into defendant's past — Plea of guilt.

1. In a habeas corpus proceeding, in which it appeared that relator had pleaded guilty to indictments charging him with indecent assault, relator's contentions that his arrest was illegal because it had been made on a Sunday, that the justice of peace (before whom, also, relator pleaded guilty) had not entered into a full hearing and investigation of the facts, that he had been refused bail, and that at the time of sentencing the trial judge questioned relator about his past record, were Held, in the circumstances, to be without merit.

2. The court record of a criminal proceeding may not be impeached collaterally on habeas corpus.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.

Appeal, No. 40, April T., 1958, from order of Court of Quarter Sessions of Erie County, Nov. T., 1957, No. 249, in case of Commonwealth of Pennsylvania ex rel. Harold Thayer v. Lawrence P. Keenan, Allegheny County Workhouse. Order affirmed.

Same case in court below: 13 Pa. D. C. 2d 410.

Habeas corpus.

Order entered refusing petition, opinion by ROSSITER, J. Relator appealed.

Harold Thayer, appellant, in propria persona.

Herbert J. Johnson, District Attorney, for appellee.


Submitted June 17, 1958.


We find no merit in relator's petition for writ of habeas corpus. He had counsel at the time pleas of guilty were entered by him.

The order of the court below dismissing relator's petition for a writ of habeas corpus is affirmed on the opinion of Judge ROSSITER of the Court of Common Pleas of Erie County, as reported in 13 Pa. D. C. 2d 410.


Summaries of

Commonwealth ex rel. Thayer v. Keenan

Superior Court of Pennsylvania
Jul 17, 1958
144 A.2d 256 (Pa. Super. Ct. 1958)
Case details for

Commonwealth ex rel. Thayer v. Keenan

Case Details

Full title:Commonwealth ex rel. Thayer, Appellant, v. Keenan

Court:Superior Court of Pennsylvania

Date published: Jul 17, 1958

Citations

144 A.2d 256 (Pa. Super. Ct. 1958)
144 A.2d 256