Legal Opinion

Commonwealth Ex Rel. Garland v. Ashe

Supreme Court of Pennsylvania

Decided April 20, 1942No. 1213 Misc. DocketPublishedCited by 26 opinions

1Opinion of the Court

Opinion by

Mr. Justice Maxey,

" Carl Garland, who is serving a minimum term of three and one-half years in the Western State Penitentiary after his conviction on a charge of felonious assault with a deadly weapon, to wit, a revolver, with intent to kill, is seeking his release on a writ of habeas corpus on the ground that the.sentence of the Court of Quarter Sessions of Allegheny County is void because “the Federal Government made the original arrest, they took lawful control, thereby obtaining exclusive jurisdiction” and “the judgment of the Court of Quarter Sessions caused a double jeopardy…

2Cases cited3 opinions

  1. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  2. Gavieres v. United StatesSupreme Court of the United States · 1911
  3. United States v. LanzaSupreme Court of the United States · 1922

3Cited by26 opinions

  1. Commonwealth Ex Rel. Papy v. MaroneySupreme Court of Pennsylvania · 1965
  2. Commonwealth v. AmetraneSuperior Court of Pennsylvania · 1965
  3. Commonwealth v. WilkinsonSuperior Court of Pennsylvania · 1980
  4. Commonwealth ex rel. Wallace v. BurkeSuperior Court of Pennsylvania · 1951
  5. Commonwealth Ex Rel. Berry v. TeesSuperior Court of Pennsylvania · 1955

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