Com. ex rel. Altizer v. Hendricks

Full title: Commonwealth ex rel. Altizer, Appellant v. Hendricks

Court: Superior Court of Pennsylvania

Date published: Mar 17, 1964

198 A.2d 417 (Pa. Super. Ct. 1964)

198 A.2d 417

Opinion

December 9, 1963

March 17, 1964.

Criminal Law — Practice — Habeas corpus — Repetitious petitions.

In a habeas corpus proceeding, in which it appeared that the appeal was repetitious of matters raised in a prior 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. 318, Oct. T., 1963, from order of Court of Common Pleas No. 5 of Philadelphia County, June T., 1963, No. 688, in case of Commonwealth ex rel. Noah W. Altizer v. Edward J. Hendricks, Superintendent. Order affirmed.

Habeas corpus.

Order entered dismissing petition, opinion by HAGAN, P.J. Relator appealed.

Noah W. Altizer, appellant, in propria persona.

Julian F. King and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

Submitted December 9, 1963.

OPINION PER CURIAM, March 17, 1964:

Appeal is repetitious of matters raised in prior petition. See Com. ex rel. Altizer v. Hendricks, 200 Pa. Super. 485, 190 A.2d 348.

Order affirmed.