Opinion
December 9, 1963.
March 17, 1964.
Criminal Law — Practice — Petition for bill of particulars after conviction.
In this case, in which it appeared that relator, almost two years after he had been convicted and sentenced, filed a petition for a bill of particulars, and that the court below dismissed the petition, upon consideration of the record and the applicable decisional law, it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 347, Oct. T., 1963, from order of Court of Quarter Sessions of Montgomery County, June T., 1960, No. 209, in case of Commonwealth ex rel. John Stevenson v. Clerk of Quarter Sessions. Order affirmed.
Petition by relator, after conviction, for bill of particulars.
Order entered dismissing petition, opinion by QUINLAN, JR., J. Petitioner appealed.
John Stevenson, appellant, in propria persona.
Richard S. Lowe, District Attorney, for appellee.
Submitted December 9, 1963.
Relator was tried in the Court of Quarter Sessions of Montgomery County on April 18 and 19, 1961, before Honorable J. PAUL MacELREE, President Judge of the Fifteenth Judicial District, specially presiding, on the charges of (1) robbery; (2) robbery — being armed with an offensive weapon; and (3) robbery — and at the commission thereof beating, striking, and ill-using.
Relator was represented by counsel at his trial.
On October 10, 1961, motion for a new trial was denied and motion in arrest of judgment was dismissed. On November 10, 1961, defendant appeared in open court, with counsel, and was sentenced to pay a fine of $1,000 to the County of Montgomery, to pay costs of prosecution, and to undergo imprisonment, by separate and solitary confinement, for a term of not less than five years nor more than ten years in such state correctional institution as shall be designated by the Deputy Commissioner for Treatment, Bureau of Correction, and be sent to the Eastern Correctional Diagnostic and Classification Center, at Philadelphia, for this purpose.
No appeal was taken.
On July 24, 1963, relator filed a petition for a bill of particulars in which he prayed that "an Order issue directed to the Clerk of Quarter Sessions Court to furnish The Bill of Particulars in photostat to be forwarded to John Stevenson in forma pauperis."
On July 24, 1963, the court below, by Judge QUINLAN, dismissed the petition for a bill of particulars "upon consideration of the record and the applicable decisional law (Commonwealth v. Hilbert, 190 Pa. Super. 602 (1959)), . . ."
The order of the court below is affirmed.