Commonwealth ex rel. Taylor v. Myers

Opinion by

Hoffman, J.,

This is an appeal from an order of the Court of Common Pleas of Philadelphia County dismissing appellant’s petition for writ of habeas corpus.

Appellant was convicted in the Court of Quarter Sessions of Philadelphia County of burglary and assault and battery with intent to ravish. On December 28, 1964, he was sentenced to terms of 2y2 to 5 years to run concurrently. On January 28, 1965, the trial judge entered an order purporting to vacate the sentence. On April 15, 1965, in a proceeding at which appellant was neither present nor represented by counsel, he was…