Commonwealth ex rel. Wagner v. Tees

Opinion by

Rhodes, P. J.,

Relator presented a petition for. writ of habeas corpus to the Court of Common Pleas of Delaware County on July 16, 1953. No answer was filed and no hearing was held. On July 17,1953, the court dismissed the petition. Prom that order relator has appealed to this Court.. Relator had been tried and convicted on September 30, 1952, in the Court of Quarter Sessions of Delaware County on two bills of indictment, Nos. 236, 237, September Sessions, 1952. Each bill contained two counts, one charging simple assault and battery, and the other aggravated assault and battery. He…