Commonwealth ex rel. Kitchen v. Burke

Opinion by

Ervin, J.,

This is an appeal from the order of the lower court dismissing a petition for a writ of habeas corpus after hearing. John B. Kitchen, the appellant, was convicted on May 7, 1943, before the late Judge Harry S. McDevitt and a jury on charges of robbery, rape, etc. No motions in arrest of judgment or for a new trial Avere filed. Appellant Avas sentenced to imprisonment in the Eastern State Penitentiary for a period of not less than seventeen and one-half nor more than thirty-five years. He is presently confined in the penitentiary, having served eleven years of his term.…