Commonwealth ex rel. Wallis v. Brierley

Superior Court of Pennsylvania

Commonwealth ex rel. Wallis v. Brierley

242 A.2d 221, 430 Pa. 651, 1968 Pa. LEXIS 755

CourtSuperior Court of Pennsylvania

DecidedMay 21, 1968

DocketAppeal, No. 26

StatusPublished

This text of 242 A.2d 221 (Commonwealth ex rel. Wallis v. Brierley) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth ex rel. Wallis v. Brierley, 242 A.2d 221, 430 Pa. 651, 1968 Pa. LEXIS 755 (Pa. Ct. App. 1968).

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Opinion

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 [652]*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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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 [652]*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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Bluebook (online)

242 A.2d 221, 430 Pa. 651, 1968 Pa. LEXIS 755, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-ex-rel-wallis-v-brierley-pasuperct-1968.