Commonwealth Ex Rel. Ensor v. Cummings

Opinion by

Ms. Justice Eagen,

The appellant, Thelma A. Ensor, was convicted by a jury of violating Section 718 of the Act of June 24, 1939, P. L. 872, 18 P.S. §4718 (criminal abortion), and sentenced to a state correctional institution. On appeal the Superior Court affirmed, 196 Pa. Superior Ct. 380, 175 A. 2d 324 (1961). We denied allocatur and the Supreme Court of the United States refused certiorari, 371 U. S. 901 (1962).

Subsequently, an action in habeas corpus was instituted in the Court of Common Pleas of York County which was dismissed after hearing. On appeal the Superior Court affirmed,…