COM. ex rel. DAVIDSON v. RUNDLE

Criminal Law — Practice — Habeas corpus — Alleged inconsistency of verdicts — Assault by prisoner — Robbery with accomplice.

In a habeas corpus proceeding, in which it appeared that petitioner and another were indicted on charges of assault by prisoner, prison breach and escape, and robbery with accomplice; that the jury returned verdicts finding defendant and his accomplice not guilty of assault by prisoner, guilty of robbery with accomplice, and guilty of escape; and that petitioner contended that the verdict of acquittal on the charge of assault by prisoner was inconsistent with the verdict of guilty on the charge of robbery with accomplice, and, therefore, the sentence on the latter charge had to be set aside; it was Held that the order of the court below dismissing the petition should be affirmed.

Submitted June 14, 1962.