Commonwealth ex rel. Bruce v. Burke

Opinion by

Hirt, J.,

Relator, following his arrest on January 2, 1947, was indicted on four bills, each charging sodomy. On January 24, 1947 he pleaded guilty in open court to. the charges and was sentenced by Judge McDevitt to a term of not less than five years nor more than ten years in the Eastern Penitentiary. In an effort to have his convictions and sentence set aside, relator on September 20, 1951, petitioned the common pleas of Philadelphia for habeas corpus. The writ was awarded, but after hearing the relator was remanded to custody. This is his appeal from that order.

At the hearing in…