COM. ex rel. SUKALY v. MARONEY

Criminal Law — Practice — Habeas corpus — Allegations of petitioner — Detention for ten months before trial — Denial of speedy trial — Charge as to felonious taking of specified sum of money — Evidence of taking of money and checks — Detention for seven days before preliminary hearing — Improper treatment and denial of counsel — Conviction on perjured testimony — Charge to jury on alibi.

In a habeas corpus proceeding, in which it appeared that petitioner alleged (for the first time on appeal, except as to his last contention), that he was detained for ten months before he was given a trial, in violation of the constitutional provisions guaranteeing a speedy trial to every citizen, that he was charged with feloniously taking the sum of $2,000 lawful money, whereas the evidence at the trial was to the effect that he took $1,000 in bills and coin and the balance in various checks, that he was detained incommunicado for a period of seven days prior to his preliminary hearing, mistreated during that period, and denied the benefit of counsel at the time of hearing, that he was convicted on the perjured testimony of his accomplice, and that the trial court failed to properly charge the jury as to the law of alibi; and that the court below, holding, in the circumstances, that petitioner's contentions were without merit, and holding, also (except as to petitioner's third contention) that his allegations were not properly the subject of habeas corpus, dismissed the petition; it was Held that the order of the court below should be affirmed.

Submitted April 17, 1963.