COM. EX REL. WOODY v. MYERS, 421 Pa. 628 (1966)

218 A.2d 573

Commonwealth ex rel. Woody, Appellant, v. Myers.

Supreme Court of Pennsylvania.
April 22, 1966.

Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O’BRIEN and ROBERTS, JJ.

Petition for leave to appeal, Jan. T., 1966, No. 318, Miscellaneous Docket No. 14, from order of Superior Court, Oct. T., 1965, No. 484, affirming order of Court of Common Pleas No. 5 of Philadelphia County, March T., 1965, No. 399, in case of Commonwealth ex rel. Delano Woody v. David N. Myers, Superintendent. Petition for allocatur granted, order of Superior Court reversed, and order of court of original jurisdiction vacated; case remanded to court of original jurisdiction for further hearing.

Same case in Superior Court: 206 Pa. Super. 742.

Habeas corpus.

Petition dismissed, order per curiam. Relator appealed to Superior Court which affirmed order. Petition for allocatur granted by Supreme Court.

Delano Woody, appellant, in propria persona.

Abner H. Silver and Joseph M. Smith, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

OPINION PER CURIAM, April 22, 1966:

The petition for allocatur is granted. The judgment of the Superior Court is reversed and the order of the court of original jurisdiction is vacated. The case is remanded to the last mentioned court with directions to consider the petition for a writ of habeas corpus in light of the decisions of this Court in Commonwealth

Page 629

ex rel. Branam v. Myers, 420 Pa. 77, 216 A.2d 89 (1966), an Commonwealth ex rel. Robinson v. Myers, 420 Pa. 72, 215 A.2d 637 (1966). If it is determined that appellant’s constitutional rights were infringed, the record shall be ordered transferred to the court of oyer and terminer. Upon transfer, said court shall provide appellant with the assistance of counsel, and hear and determine the merits of a motion for a new trial. If an appeal is filed from the judgment within a reasonable time following disposition of the motion for a new trial, it shall be considered timely in view of the circumstances presented.