cert. denied 361 U.S. 843 (1959)
How later courts described this case
- cert. denied 361 U.S. 843 (1959)
Written by the judges who cited it.
Distinguished
Distinguished by Commonwealth v. Brockway, 429 Pa. Super. 609 (1993)
Thus, it would appear at first glance that Giovengo is inapposite here.
The opinion
Dissenting Opinion by
Weight, J.:
Justice delayed is justice denied. Article I, Section 9 of the Constitution of our Commonwealth guar *229 antees to all accused persons “a speedy public trial”. Under this provision a timely sentence is required: Commonwealth, ex rel. Holly v. Ashe, 368 Pa. 211 , 82 A. 2d 244 . Appellant entered pleas of guilty on April 11, 1955. On July 27, 1956 he petitioned the lower court for a rule to show cause why he should not be sentenced or the prosecutions dismissed. This rule should have been made absolute. Cf. Rouzer Petition, 71 D. & C. 44. It was not until after appellant had, on March 18,1958, filed a petition in the United States District Court that he was the following day removed from the penitentiary to Franklin County. Sentences were imposed on March 21, 1958, a delay of almost three years. Assuming arguendo that the original deferment was not improper, in view of appellant’s repeated efforts thereafter to have sentences imposed it was clear error to so long deny his constitutional right. I feel very strongly that three years is an unreasonable period of time under the circumstances of this case. I would therefore vacate the sentences.