Commonwealth ex rel. DiEmilio v. Shovlin

Concurring and Dissenting Opinion by

Mr. Chibe Justice Jones :

Since the Court in 1971 committed the appellant, Mr. DiEmilio, and considered his transfer request under the terms of the Act of March 31, 1860, P. L. 427, §66, as amended, 19 P.S. §1351, and not under the terms of the Mental Health and Mental Retardation Act of October 20, 1966, Spec. Sess. No. 3, P. L. 96, art. I, §101 et seq., 50 P.S. §4101 et seq., the question should have been whether both the commitment and refusal of transfer were improper because Section 1351 of the Act of 1860 was repealed by Section 701(b) of the Act of…