Opinion
December 14, 1960.
March 22, 1961.
Criminal Law — Practice — Habeas corpus — Allegations — Insufficiency of evidence — Fabrication of testimony by Commonwealth — Entrapment — Refusal of continuance — Matters previously reviewed by appellate court.
In a habeas corpus proceeding, in which it appeared that petitioner alleged that there was an insufficiency of evidence to sustain his conviction, that the Commonwealth used fabricated testimony, that he was entrapped, and that the trial judge abused his discretion in refusing to grant a continuance; and that the court below, holding that it clearly appeared that the matters complained of had been once reviewed in the Superior Court on appeal by defendant from his conviction and sentence and that they did not form a basis for issuance of the writ, dismissed the petition; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.
Appeal, No. 379, Oct. T., 1960, from order of Court of Common Pleas No. 4 of Philadelphia County, June T., 1960, No. 1491, in case of Commonwealth ex rel. Alvin R. Drew v. David N. Myers, Superintendent. Order affirmed.
Same case in court below: 23 Pa. D. C. 2d 403.
Habeas corpus.
Order entered dismissing petition, opinion by WATERS, J. Relator appealed.
Alvin R. Drew, appellant, in propria persona.
Augustine Joseph Rieffel and Arlen Specter, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Submitted December 14, 1960.
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge WATERS, as reported in 23 Pa. D. C. 2d 403.