Commonwealth ex rel. Mistishen v. Shovlin

Wieand, J.,

While serving a sentence of imprisonment, imposed following a plea of guilty to the crime of burglary, Peter Mistishen was found to be mentally ill with criminal tendencies and was committed to Farview State Hospital. He has now petitioned the court for a writ of habeas corpus, alleging irregularities in the procedure which resulted in his commitment.

At the time of petitioner’s commitment, the applicable statute was the Mental Health Act of June 12, 1951, P. L. 533, sec. 101, as amended, 50 PS §1071 et seq. Procedure for commitment of a person detained in a penal institution was…