Commonwealth Ex Rel. Light v. Maroney

Opinion by

Mr. Justice Eagen,

On September 10, 1958, Francis N. Light, the appellant, was tried and convicted by a jury of second degree murder and subsequently sentenced by the trial court to an indefinite term of imprisonment, the minimum being fixed at ten years and the maximum at twenty years. No appeal from the judgment was taken.

On July 17, 1961, appellant filed a petition for a writ of habeas corpus, which after answer filed, the lower court dismissed without hearing. The legal correctness of this order is challenged by this appeal.

Late on the night of July 7, 1958, the dead body of…