Com. ex rel. Vincent v. Smith
| Decision Date | 12 October 1938 |
| Docket Number | 4,Misc. Docket 419 |
| Citation | 1 A.2d 838,132 Pa.Super. 469 |
| Parties | Com. ex rel. Vincent v. Smith, Warden |
| Court | Pennsylvania Superior Court |
Petition for writ of habeas corpus. Original jurisdiction, in case of Com. ex rel. Charles Vincent v. Herbert Smith Warden, Eastern State Penitentiary.
Rule to show cause discharged and petition denied.
Pursuant to the practice established by the Supreme Court (See Com. v. Curry, 285 Pa. 289, pp. 298-9, 132 A 370) we granted a rule to show cause why a writ of habeas corpus should not issue on the petition of the relator, Charles Vincent, returnable October 10, 1938.
The grounds alleged by the petitioner as requiring his discharge from custody were: (1) That the trial judge following petitioner's plea of guilty to an indictment containing three counts illegally imposed in one sentence a cumulative maximum and minimum, to wit, imprisonment, by separate and solitary confinement at labor, for a period of not more than ten years, nor less than five years; (2) that the indictment was vague, indefinite and inadequate in its description of the crimes charged. They raise only questions of law; no issues of fact are involved.
(1) The copy of the indictment sent up with the answer of the district attorney shows that the relator under the name of Charles O'Neil, alias Anthony Vershinsky, was indicted May 17, 1932 on three counts: (1) Felonious burglary, in that he did on May 16, 1932, about the hour of eleven o'clock in the night, with force and arms, etc., unlawfully, wilfully, maliciously, feloniously and burglariously break and enter the City Garage in Shamokin, Northumberland County, with intent feloniously to steal, take and carry away the goods and chattels of Jacob Axel in the said City Garage then and there being, and did feloniously and burglariously steal, take and carry away a certain Oldsmobile automobile then and there in said City Garage, of the value of $ 1000 and upwards, the property of Jacob Axel, etc. [Sec. 135 of the Act of March 31, 1860, P. L. 382]; (2) Felonious entry in the night time without breaking, in that he did on the day and year aforesaid, at the county aforesaid, about the hour of eleven at night, with force and arms, etc., feloniously, etc., enter the City Garage, without breaking the same, with intent to feloniously steal, take and carry away a certain Oldsmobile automobile, of a value of $ 1000 and upwards,...
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