Commonwealth ex rel. Hullig v. Ashe, 217-1941

CourtSuperior Court of Pennsylvania
Writing for the CourtKeller, P. J.
PartiesCommonwealth ex rel. Hullig, Appellant, v. Ashe, Warden
Docket Number217-1941
Decision Date30 June 1941

20 A.2d 852

145 Pa.Super. 11

Commonwealth ex rel. Hullig, Appellant,
v.

Ashe, Warden

No. 217-1941

Superior Court of Pennsylvania

June 30, 1941


Argued April 22, 1941.

Appeal from order of C. P. Allegheny Co., Jan. T., 1941, No. 2786, in case of Commonwealth ex rel. Roy Hullig v. Stanley P. Ashe, Warden, Western State Penitentiary.

Petition to court of common pleas for writ of habeas corpus.

The facts are stated in the opinion of the Superior Court.

Petition dismissed, opinion by Rowand, J. Petitioner appealed.

Error assigned, among others, was order of the court below.

Order affirmed.

Roy Hullig, in propria persona, for appellant.

Burton R. Laub, District Attorney, for appellee.

Before Keller, P. J., Cunningham, Baldrige, Stadtfeld, Rhodes and Kenworthey, JJ.

OPINION [20 A.2d 853]

[145 Pa.Super. 12] Keller, P. J.

Appeal by Roy Hullig from the order of the Court of Common Pleas of Allegheny County (Rowand, J.) dismissing his petition for writ of habeas corpus and remanding him to the custody of the warden of the penitentiary.

The main contention of the appellant in his petition for writ of habeas corpus was that he had been denied due process of law on the trial of his case in the Court of Quarter Sessions of Erie County, No. 51 May Sessions 1939, in the following particulars:

(1) His attorney of record was not notified of the trial and was not in court at the time of the trial.

(2) He was not given the means or opportunity of obtaining witnesses in his favor.

(3) He was forced to trial without time to prepare his case.

(4) He was denied the "safeguard of an impartial jury trial", by the failure of the court to allow petitioner to examine and select the jury.

(5) He was denied the "right to the guiding hand of counsel" when sentence was passed.

On May 9, 1939 a true bill was returned by the Grand Jury of Erie County on an indictment containing two counts, the first charging Roy Hullig, alias Roy Helwig, with the larceny of an automobile (see Act of May 1, [145 Pa.Super. 13] 1919, P. L. 99) and the second charging him with receiving the automobile knowing it to have been stolen. On May 11, 1939 he was tried before Judge Waite, specially presiding, and was convicted on the charge of larceny, and was sentenced to imprisonment in the Western State Penitentiary for a term of not less than two years or more than four years, to be computed from May 10, 1939, the date of his commitment to jail.

On December 11, 1940 he filed his petition for writ of habeas corpus in the Court of Common Pleas of Allegheny County, and was produced and testified at the hearing held on December 16, 1940.

The district attorney of Erie County filed an answer to his petition, denying the averments of the petitioner, and, with respect to his allegation that he had employed counsel, attached thereto a letter from John A. Blackmore, Esq., the attorney whom the petitioner had averred he had employed to represent him, stating that his records failed to show that he had been employed by Roy Hullig or by "any client bearing a name similar to Roy Hullig", and that it is his belief that he had no relations whatsoever with Roy Hullig. In his opinion, filed under Rule 58 of this [20 A.2d 854] court, the sitting judge stated that the petitioner, this appellant, admitted that he had not hired an attorney, by which we understand that he had not retained Mr. Blackmore as his attorney. Certain it is that no attorney entered his appearance for Hullig with the clerk of the court as required by Rule 2 of the Revised and Restated Rules of the several courts of the Sixth Judicial District (Erie County), and no note of any such appearance was entered on the docket. He had no attorney of record.

The original records at No. 51 May Sessions 1939 of Erie County show that at the preliminary hearing held on April 29, 1939, following the relator's arrest, he was released on bail, conditioned for his appearance at the next court of quarter sessions beginning May 8, 1939; that he was at liberty until May 10, 1939, when [145 Pa.Super. 14] because of his failure to appear in accordance with the condition of his bond, he was again arrested and committed to jail. He thus had eleven days' time to employ an attorney, summon his witnesses, and prepare for his defense. It was his duty to employ an attorney, if he desired one, and to prepare for his defense and summon his witnesses during the time elapsing between his discharge on bail and the day he was to appear and answer in court. He could not delay until an indictment was returned and then for the first time attempt to engage counsel and start on the preparation of his defense. The law contemplates and brooks no such delay on the part of defendants in criminal cases. If allowed, no criminal case could be tried until the session occurring next after a true bill was returned, usually three months. When called for trial on May 11, 1939, no attorney appearing for him, the court appointed Mr. Edward Petrillo, a competent attorney of the Erie County bar, to represent...

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8 practice notes
  • Com. ex rel. Wilkes v. Maroney
    • United States
    • United States State Supreme Court of Pennsylvania
    • September 27, 1966
    ...here. See Commonwealth ex rel. Pacewicz v. Turley, 399 Pa. 458, 466, 160 A.2d 685, 689 (1960); Commmonwealth ex rel. Hullig v. Ashe, 145 Pa.Super. 11, 18, 20 A.2d 852, 856 Several of appellant's contentions surround the admissibility of 'love notes' which passed between himself and a young ......
  • Commonwealth v. Ashe
    • United States
    • Superior Court of Pennsylvania
    • May 8, 1942
    ...21, 1928, indicted before noon and tried at 4 o'clock P. M. of the same day. It is more nearly similar to Com. ex rel. Hullig v. Ashe, 145 Pa.Super. 11, 20 A.2d 852; and Com. v. Crandall, 145 Pa. Super. 353, 21 A.2d 2. He avers that his conviction was invalid because he was not present in c......
  • Commonwealth ex rel. Aldrich v. Ashe, Miscl. Docket 172
    • United States
    • Superior Court of Pennsylvania
    • May 8, 1942
    ...21, 1928, indicted before noon and tried at 4 o'clock P.M. of the same day. It is more nearly similar to Com. ex rel. Hullig v. Ashe, 145 Pa.Super. 11, 20 A.2d 852; and Com. v. Crandall, 145 Pa.Super. 353, 21 A.2d 232. 2. He avers that his conviction was invalid because he was not present i......
  • Com. ex rel. Jacoby v. Keenan
    • United States
    • Superior Court of Pennsylvania
    • June 15, 1961
    ...271, 77 A.2d 725; Commonwealth ex rel. Burkley v. Maroney, 178 Pa.Super. 193, 112 A.2d 661 and Commonwealth ex rel. Hullig v. Ashe, 145 Pa.Super. 11, 20 A.2d The petition and the record upon which it is based fail to make out a prima facie case for the allowance of the writ. A hearing there......
  • Request a trial to view additional results
8 cases
  • Com. ex rel. Wilkes v. Maroney
    • United States
    • United States State Supreme Court of Pennsylvania
    • September 27, 1966
    ...here. See Commonwealth ex rel. Pacewicz v. Turley, 399 Pa. 458, 466, 160 A.2d 685, 689 (1960); Commmonwealth ex rel. Hullig v. Ashe, 145 Pa.Super. 11, 18, 20 A.2d 852, 856 Several of appellant's contentions surround the admissibility of 'love notes' which passed between himself and a young ......
  • Commonwealth v. Ashe
    • United States
    • Superior Court of Pennsylvania
    • May 8, 1942
    ...21, 1928, indicted before noon and tried at 4 o'clock P. M. of the same day. It is more nearly similar to Com. ex rel. Hullig v. Ashe, 145 Pa.Super. 11, 20 A.2d 852; and Com. v. Crandall, 145 Pa. Super. 353, 21 A.2d 2. He avers that his conviction was invalid because he was not present in c......
  • Commonwealth ex rel. Aldrich v. Ashe, Miscl. Docket 172
    • United States
    • Superior Court of Pennsylvania
    • May 8, 1942
    ...21, 1928, indicted before noon and tried at 4 o'clock P.M. of the same day. It is more nearly similar to Com. ex rel. Hullig v. Ashe, 145 Pa.Super. 11, 20 A.2d 852; and Com. v. Crandall, 145 Pa.Super. 353, 21 A.2d 232. 2. He avers that his conviction was invalid because he was not present i......
  • Com. ex rel. Jacoby v. Keenan
    • United States
    • Superior Court of Pennsylvania
    • June 15, 1961
    ...271, 77 A.2d 725; Commonwealth ex rel. Burkley v. Maroney, 178 Pa.Super. 193, 112 A.2d 661 and Commonwealth ex rel. Hullig v. Ashe, 145 Pa.Super. 11, 20 A.2d The petition and the record upon which it is based fail to make out a prima facie case for the allowance of the writ. A hearing there......
  • Request a trial to view additional results

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