Opinion
June 11, 1959.
July 3, 1959.
Criminal law — Practice — Habeas corpus — Averments — Excessive bail — Consolidation of indictments — Perjured and hearsay testimony — Proof of quantities of drugs and chemical analysis — Indictments charging sale of drugs.
In a habeas corpus proceeding, in which it appeared that relator, who had been convicted on indictments charging sale of drugs, averred that (1) he was held under excessive bail for seven days before a hearing, (2) he was tried for several distinct offenses at one time, (3) perjured and hearsay testimony was presented as evidence, and that (4) proof of the quantities of drugs and the chemical analysis of them was insufficient to establish all the requisite elements of the crimes, and that the court below, holding that the questions raised by relator were not the subject of consideration in a habeas corpus proceeding, dismissed his petition, it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeal, No. 239, Oct. T., 1959, from order of Court of Common Pleas No. 3 of Philadelphia County, Sept. T., 1958, No. 2972, in case of Commonwealth of Pennsylvania ex rel. MacDonald Mercer Bey v. David N. Myers, Superintendent. Order affirmed.
Same case in court below: 17 Pa. D. C. 2d 387.
Habeas corpus.
Order entered dismissing petition, opinion by SLOANE, P.J. Relator appealed.
MacDonald Mercer Bey, appellant, in propria persona.
Juanita Kidd Stout, Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Submitted June 11, 1959.
The order of the court below dismissing relator's petition for a writ of habeas corpus is affirmed on the opinion of Judge SLOANE of the Court of Common Pleas No. 7 of Philadelphia County, as reported in 17 Pa. D. C. 2d 387.