Commonwealth ex rel. Montanez v. Maroney

Sloane, P. J.,

This is a petition for writ of habeas corpus which was denied and dismissed without hearing.

Relator was indicted along with two others for aggravated robbery. He was tried without a jury, adjudged guilty, and sentenced to a minimum of three years and a maximum of ten years in the State Correctional Institution at Philadelphia. Sentence was imposed on January 4,1961.

Relator now questions the validity of the court’s determination. His first contention is that as an integral part, a material element of aggravated robbery is proof of an “offensive weapon or instrument.” That is so;…