Commonwealth Ex Rel. Monaghan v. Burke

Per Curiam,

This is an appeal by relator from an order of the Court of Common Pleas of Montgomery County dismissing writ of habeas corpus. Upon the filing of the petition for writ of habeas corpus and the answer of the District Attorney of Philadelphia County, the court below issued writ directing that the relator be produced in open court. A hearing was held at which relator was present.

The question presented on this appeal is whether the plea of nolo contendere is allowable in a non-capital felony. The relator in his petition averred that he was improperly permitted by the trial court to…