Opinion
November 17, 1961.
December 14, 1961.
Criminal Law — Practice — Habeas corpus — Cheating by fraudulent pretense — Allegations of petitioner — Transcript of notes of testimony not complete — Counsel not present when sentence was amended — Petitioner not guilty of offense — Order of restitution — Statements of parole officer to sentencing judge.
In a habeas corpus proceeding, in which it appeared that petitioner was convicted on indictments charging him with cheating by fraudulent pretense; that after adjudication of defendant's guilt and prior to his sentence the trial judge was advised that defendant was on parole from a sentence for a prior offense, and the parole officer appeared and made available information concerning defendant's prior offenses and his record as a parolee; that petitioner contended that (1) the transcript of the notes of testimony was not complete, (2) his counsel was not present when his sentence was amended to change the place of commitment, (3) he was not guilty of the offense, (4) the court erred in including an order of restitution, and (5) the parole officer acted with malice and animosity in his appearance before the court, with the effect that defendant was prejudiced before the court; and that the court below, holding that habeas corpus was not a proper remedy in the circumstances, and, also, that petitioner's contentions were all without merit, dismissed the petition; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 194, April T., 1961, from order of Court of Common Pleas of Allegheny County, April T., 1961, No. 3201, in case of Commonwealth ex rel. Norman Dunbar v. Court of Quarter Sessions of Allegheny County and Lawrence P. Keenan. Order affirmed.
Same case in court below: 25 Pa. D. C. 2d 763.
Habeas corpus.
Order entered dismissing petition, opinion by ROBERTS, P.J., specially presiding. Relator appealed.
Norman Dunbar, appellant, in propria persona.
William Claney Smith, Assistant District Attorney, and Edward C. Boyle, District Attorney, for appellee.
Submitted November 17, 1961.
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of President Judge ROBERTS of the Orphans' Court, Sixth Judicial District, specially presiding, as reported in 25 Pa. D. C. 2d 763.