# Commonwealth v. Giovengo

> Superior Court of Pennsylvania · December 9, 1958 · 188 Pa. Super. 220

URL: https://www.frixlaw.com/law-library/cases/9763529

## Case

- **Full name:** Commonwealth v. Giovengo, Appellant
- **Court:** Superior Court of Pennsylvania
- **Decided:** December 9, 1958
- **Citations:** 188 Pa. Super. 220; 146 A.2d 629; 1958 Pa. Super. LEXIS 584
- **Precedential status:** Published
- **Opinion:** Dissent by Weight
- **Judges:** Weight, Rhodes, Hirt, Gunther, Wright, Ervin, Watkins
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9763529

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9763529. Public record. Not legal advice.