Superior Court of Pennsylvania, 1968

Commonwealth ex rel. Wallis v. Brierley

Commonwealth ex rel. Wallis v. Brierley
Superior Court of Pennsylvania · Decided May 21, 1968 · Bell, Brien, Cohen, Eagen, Jones, Musmanno, Roberts
430 Pa. 651; 242 A.2d 221; 1968 Pa. LEXIS 755

Commonwealth ex rel. Wallis v. Brierley

Opinion of the Court

Opinion by

Mr. Chief Justice Bell,

In 1950, John W. Wallis was tried and convicted of murder in the first degree and sentenced to life imprisonment. No post-trial motions nor appeal from the judgment of sentence was ever filed. Fifteen and one-half years later Wallis filed a petition for a writ *652of habeas corpus. The lower Court refused to issue the writ and dismissed the petition. Wallis thereafter appealed to this Court.

At oral argument it became obvious that the writ should issue and the district attorney orally agreed that the petitioner is entitled to a new trial.

Order reversed, petition for habeas corpus granted and a new trial is ordered.

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