Opinion
March 13, 1961.
March 22, 1961.
Criminal Law — Practice — Habeas corpus — Robbery — Sufficiency of evidence — Absence of counsel at preliminary hearing — Reasonable time to prepare defense.
In a habeas corpus proceeding, in which it appeared that petitioner, who had been convicted of robbery before a trial judge without a jury, alleged that (a) there was not sufficient evidence to support the adjudication that he was guilty and that (b) he was without benefit of counsel at the preliminary hearing and subsequently denied a reasonable time to present a fair and adequate defense, it was Held that the order of the court below denying the petition should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 27, March T., 1961, from order of Court of Common Pleas of Dauphin County, June T., 1960, No. 1179, in case of Commonwealth ex rel. Walter Johnson v. David N. Myers, Superintendent. Order affirmed.
Same case in court below: 23 Pa. D. C. 2d 397.
Habeas corpus.
Order entered denying petition, opinion by SHELLEY, J. Relator appealed.
Walter Johnson, appellant, in propria persona, submitted a brief.
George W. Gekas, Assistant District Attorney, with him Mary Hoerner Leedom, Assistant District Attorney, and Martin H. Lock, District Attorney, for appellee.
Argued March 13, 1961.
The Order of the Court of Common Pleas of Dauphin County is affirmed on the opinion of Judge CARL B. SHELLEY for the court below, reported at 23 Pa. D. C. 2d 397.