Commonwealth Ex Rel. Spencer v. Ashe

Opinion by

Mr. Justice Jones,

The relator alleges that he was denied due process for the reason, inter alia, that, at his trial in the court below, the jury was impaneled in his absence. The able argument of his appointed counsel understandably assumes such to have been the case. The fact is, however, as the record affirmatively shows, the defendant was present in court at the time in question. Thus, the minute book of the Court of Oyer and Terminer of Allegheny County, October Sessions 1918, contains the following pertinent entry: “And now October 21, 1918, defendant present in open court…