Commonwealth Ex Rel. Russo v. Ashe, Warden

Opinion by

Mr. Justice Sadler,

Sam Russo, relator in this habeas corpus proceeding, is confined in the Western Penitentiary by virtue of two commitments issued on October 26,1921, from the Court of Quarter Sessions of Mercer County. He had entered a plea of nolo contendere to a bill of indictment which contained two counts. In the one a felonious assault with intent to murder was charged under section 81 of the Crimes Act (March 31, 1860, P. L. 403). The second, based on section 83, set forth the same unlawful acts, averring, however, the intent was to maim and disfigure. It may be noted that…