Commonwealth ex rel. Brogan v. Tees

Opinion

Pm Curiam,

This is an appeal from the order of the Court of Common Pleas No. 2 of Philadelphia County dismissing relator’s petition for writ of habeas corpus.

Relator was convicted, inter alia, of armed robbery and sentenced to a term of not less than ten years nor more than twenty years in the Eastern State Penitentiary to be computed from February 1Ó, 1954. No appeal was taken from the judgment of sentence and no motion for new trial was presented to the trial court.

It is the contention of relator that there was a variance between the bill of indictment and the proofs at trial, which…