Commonwealth Ex Rel. Stoner v. Myers

Opinion by

Rhodes, P. J.,

This is an appeal by relator from an order of the Court of Common Pleas of Franklin County dismissing relator’s petition for a writ of habeas corpus. A trial before a judge and a jury, on September 24, 1960, resulted in relator’s conviction on both counts of indictment charging (1) burglary, and (2) larceny. Sentence to a term of five to ten years was imposed on the burglary count and a similar sentence (later corrected) to run concurrently on the larceny count.

Relator took no appeal, but, on February 8, 1962, presented a petition for a writ of habeas corpus alleging,…