Commonwealth ex rel. Fagan v. Francies
Superior Court of Pennsylvania
Petition in the Superior Court for writ of habeas corpus. The petition averred as follows: 1. That the said court of quarter sessions of Blair county was without jurisdiction to sentence the said William Fagan to an imprisonment in said Western Penitentiary for the term of ten years upon the record as shown in this case. 2. That no bill of indictment was prepared by the district attorney and filed in the said court of quarter sessions of Blair county against the said William…
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Petition in the Superior Court for writ of habeas corpus. The petition averred as follows: 1. That the said court of quarter sessions of Blair county was without jurisdiction to sentence the said William Fagan to an imprisonment in said Western Penitentiary for the term of ten years upon the record as shown in this case. 2. That no bill of indictment was prepared by the district attorney and filed in the said court of quarter sessions of Blair county against the said William Fagan, charging him with an offense against the law. 3. That as shown by said record a complaint was made against the…
1Opinion of the Court
Opinion by
Rice, P. J.,
It is stated in the return to the writ of habeas corpus now before us for disposition that the relator is held and detained by the respondent in the Western Penitentiary of Pennsylvania by virtue of a commitment from the court of oyer and terminer of Blair county, in a case at No. 5, R. D. Jan. Sess., 1911. The copy of the commitment ■ attached to the return sets forth the title of the court and of the case and then, so far as material here, reads as follows: “Indictment, Abduction. Defendant waives the finding of a true bill, 19th October, 1910. Defendant pleads guilty…
2Cases cited11 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Ex Parte BainSupreme Court of the United States · 1887
- Ex Parte WilsonSupreme Court of the United States · 1885
- Passmore Williamson's CaseSupreme Court of Pennsylvania · 1855
- Brown v. CommonwealthSupreme Court of Pennsylvania · 1875
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Commonwealth v. LittleSupreme Court of Pennsylvania · 1974
- Commonwealth Ex Rel. McGlinn v. SmithSupreme Court of Pennsylvania · 1942
- Commonwealth ex rel. Greevy v. ReifsteckSupreme Court of Pennsylvania · 1921
- Commonwealth v. DiazSupreme Court of Pennsylvania · 1978
- Com. Ex Rel. Schultz v. Smith, Warden.Superior Court of Pennsylvania · 1939
16 more not listed; retrieve them via the Exa API.