COMMONWEALTH ex rel. SPENCER v. ASHE


364 Pa. 442 (1950)

Commonwealth ex rel. Spencer v. Ashe, Warden.

Supreme Court of Pennsylvania.

March 20, 1950.


Attorney(s) appearing for the Case

Clair V. Duff, for petitioner.

Owen B. McManus, Jr., Assistant District Attorney, with him William S. Rahauser, District Attorney, for respondent.

Before MAXEY, C.J., DREW, LINN, STERN, STEARNE and JONES, JJ.


OPINION BY Mr. Justice JONES, March 20, 1950:

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...

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