Opinion
March 22, 1961.
April 13, 1961.
Criminal Law — Practice — Habeas corpus — Repetitious petitions.
In a habeas corpus proceeding, in which it appeared that a previous petition for a writ of habeas corpus, raising exactly the same issues and presenting the same legal arguments as contained in the petition in the instant case, had been dismissed and that no appeal was taken, and that the court below dismissed the second petition on the ground that it was repetitious, 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. 67, Oct. T., 1961, from order of Court of Common Pleas No. 1 of Philadelphia County, June T., 1960, No. 4189, in case of Commonwealth, ex rel. Earl Purnell v. William J. Banmiller, Warden. Order affirmed.
Same case in court below: 23 Pa. D. C. 2d 652.
Habeas corpus.
Order entered dismissing petition, opinion by GUERIN, J. Relator appealed.
Earl Purnell, appellant, in propria persona.
Patrick F. Casey and Arlen Specter, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.
Submitted March 22, 1961.
The order of the court below is affirmed on the opinion of Judge GUERIN of the Court of Common Pleas No. 4 of Philadelphia County, as reported in 23 Pa. D. C. 2d 652.