Commonwealth Ex Rel. Ulmer v. Rundle

Opinion by

Mr. Justice Eagen,

This is a habeas corpus proceeding which the trial court dismissed without hearing. On appeal, the Superior Court affirmed. We granted allocatur.

The relevant facts are these:

Lloyd Ulmer, the appellant, on February 20, 1959, plead guilty to an indictment charging aggravated assault and battery. He was placed on probation for two years. On July 17, 1959, after hearing, he was found guilty by the court of violating the terms of probation, and sentenced to imprisonment for a term "of one and one-half to three years. At all times mentioned, he was without the assistance…