Commonwealth ex rel. Colwell v. Myers

Opinion

Per Curiam,

The relator was tried before Judge Vincent A. Carroll and a jury on a bill of indictment charging him with armed robbery. He was found guilty and was sentenced by Judge Carroll on October 11, 1954 to a term of imprisonment from 5 to 10 years in the Eastern State Penitentiary. The relator neither sought a new trial nor took an appeal. On his present petition for habeas corpus filed on February 9, 1956, the writ was awarded but after hearing in open court, where relator was given the opportunity to be heard, he was remanded to custody under the sentence imposed.

In his petition…