Opinion
April 13, 1962.
June 13, 1962.
Criminal Law — Practice — Habeas corpus — Allegations of petitioner — Failure to have witnesses subpoenaed — Defendant nervous at trial — Allegation of innocence — Failure of counsel to perform as desired — Verdict of guilty of burglary, larceny and receiving stolen goods — Failure to take notes of testimony — Insufficiency of time for counsel to familiarize himself with case.
In a habeas corpus proceeding, in which it appeared that relator alleged that during the trial relator requested the prosecutor to have witnesses subpoenaed for him but none were furnished, that he was nervous at the trial because he did not know anything about, the law, that he did not expect to be found guilty because, as he claimed, he was not guilty, although the jury found him so from a consideration of the believable testimony, that his counsel did not go to the scene of the alleged burglary to take fingerprints and did not have witnesses subpoenaed for him, that his counsel did not have time to familiarize himself with the case, that in the verdict of guilty as indicted the finding of guilty of receiving stolen goods was inconsistent with the finding of guilty of burglary, although he was sentenced on only one charge, that of burglary, that no notes of testimony were taken at the trial, and that he was disappointed at the outcome of the trial and wanted his counsel to appeal; and that the court below, finding that relator's allegations were without merit, refused the writ; 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. 302, April T., 1961, from order of Court of Common Pleas of Beaver County, Sept. T., 1961, No. 95, in case of Commonwealth ex rel. Frank Reno v. Harry E. Russell, Superintendent. Order affirmed.
Same case in court below: 27 Pa. D. C. 2d 157.
Habeas corpus. Before McCREARY, P.J.
Order entered discharging rule. Relator appealed.
Frank Reno, appellant, in propria persona, submitted a brief.
Peter O. Steege, Assistant District Attorney, for appellee.
Argued April 13, 1962.
The order of the court below dismissing relator's petition for a writ of habeas corpus is affirmed on the opinion of President Judge ROBERT E. McCREARY reported in 27 Pa. D. C.2d 157.