McNair v. Owens

CRAIG, Judge.

Alexander McNair appeals a decision of the Court of Common Pleas of Philadelphia County that denied his habeas corpus petition on jurisdictional grounds. McNair appealed that decision to the Superior Court, which transferred the appeal to this court.

Despite the seemingly simple historical description above, this matter presents a jurisdictional puzzle.

McNair’s habeas corpus petition states the factual claims.

In 1965, a jury found McNair guilty of aggravated robbery; the trial judge sentenced him to two-to-ten years in a state correctional institution.

Because McNair began his…