Criminal Law — Practice — Indictment without presentation to grand jury — Failure of district attorney to sign indictment — Amendable defect — Act of June 15, 1939, P.L. 400.
1. The failure of the district attorney to sign an indictment, prepared under the Act of June 15, 1939, P.L. 400, § 1, without presentation to the grand jury and the finding of a true bill, is an amendable defect.
2. Commonwealth ex rel. Conrad v. Ashe, 142 Pa. Super. 254, Held controlling.
3. In this case, relator's contention that sentence was not proper on a bill of indictment to which the district attorney had failed to affix his signature, was Held to be without merit.
Argued April 13, 1962.
OPINION BY ERVIN, J., June 13, 1962:
Carl Agnew Thomas appeals from the order of the court below refusing the issuance of a rule for a writ of habeas corpus.
The only question presented by the petition is whether the sentence was proper on a bill of indictment to which the district attorney had failed to affix his signature. The defendant signed a waiver of presentment of indictment to the grand jury and to a trial by jury and entered a plea of guilty in conformity with the Act of June 15, 1939, P.L. 400, § 1, 19 P. S. § 241. This defect was amendable and the case is ruled by Com. ex rel. Conrad v. Ashe, 142 Pa. Super. 254, 15 A.2d 926.
Order affirmed.