Commonwealth Ex Rel. Penland v. Ashe

Keller, P. J.,

Opinion by

Petition for writ of habeas corpus. Pursuant to our practice we granted a rule to show cause why the writ should not issue.

The ‘indictment’, charging robbery, upon which relator was sentenced, in the Court of Oyer and Terminer of Allegheny County, No. 39 November T. 1929, was not presented to the grand jury, nor was a true bill returned. It apparently was prepared, under the Act of April 15, 1907, P. L. 62, but an examination of the original indictment, which was sent up with the district attorney’s answer, leads us to the conclusion that it did not substantially…