Commonwealth ex rel. Firmstone v. Myers

Dissenting Opinion by

Flood, J.:

In my opinion, Garner v. Pennsylvania, 372 U.S. 768, 10 L. ed. 2d 138 (1963) requires that this cáse be remanded to the court below for further consideration in light of Gideon v. Wainright, 372 U.S. 335, 9 L. ed. 799 (1963).

The facts in the Garner case are set . forth in the opinion of President Judge Alessandroni in 26 Pa. D. & C. 2d 289 (1961). Garner had been given an indeterminate sentence to White Hill, and had been released from the institution and discharged from parole more than ten years .before he filed the petition to vacate the sentence. . For this…