COM. ex rel. SICKLER v. MYERS

Criminal Law — Practice — Habeas corpus — Burglary — Breaking and entering — Time of day.

In a habeas corpus proceeding, in which it appeared that relator, who was serving sentences imposed for a series of burglaries, averred that the indictments to which he had pleaded guilty were for the crimes of breaking and entering and forcible entry with intent to commit felonies within the premises, whereas by inadvertence or because of deception he had pleaded guilty to crimes known as "burglary", apparently contending that the word "burglary" meant breaking and entering in the nighttime, and, therefore, he had pleaded guilty to a crime not charged in the indictment; and that the court below dismissed the petition without a hearing; it was Held that the order of the court below should be affirmed.

Submitted March 7, 1960.