Opinion
September 26, 1951.
November 13, 1951.
Criminal law — Habeas corpus — Payment of expenses — Propriety of verdict — Writ as substitute for appeal.
1. One seeking a writ of habeas corpus may not impose upon the county the expense of transcribing the record in his case and all his other expenses, including counsel fees. [629-30]
2. Questions raised by relator concerning the propriety of the verdict which were matters for appeal may not be raised in a habeas corpus proceeding. [629-30]
Argued September 26, 1951. Before DREW, C. J., STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.
Appeal, No. 58, March T., 1951, from order of Court of Common Pleas of Allegheny County, October T., 1950, No. 2803, in case of Commonwealth of Pennsylvania ex rel. Wash Baxter v. Stanley P. Ashe, Warden, Western State Penitentiary. Order affirmed.
Petitions for financial aid and for writ of habeas corpus.
The facts are stated in the opinion, by PATTERSON, P.J., of the court below, as follows:
The petition of the above named relator for writ of habeas corpus was filed in the Supreme Court February 8, 1950, at No. 1641 Miscellaneous Docket, and a rule granted returnable March 20, 1950. On June 23, 1950, DREW, C. J., entered an order dismissing the petition.
Since that time relator is again in court with a petition in forma pauperis requesting that the county pay the expense of transcribing the record in his case and pay all his expenses involved, including counsel fees.
Relator obviously is under a misapprehension of the statute which provides only that the record may be available to petitioner or his counsel.
So far as the remainder of his petition is concerned, we find on scrutiny of the record that the proceedings are regular, and the questions raised by relator concerning the propriety of the verdict is a matter for appeal, and the writ of habeas corpus may never be used as a substitute for appeal. Accordingly, his petition for financial aid, as well as his application for a writ of habeas corpus, are dismissed.
Relator appealed.
G. Harold Blaxter, for appellant.
Henry R. Smith, Jr., Assistant District Attorney, with him William S. Rahauser, District Attorney, and Gilbert J. Helwig, for appellee.
The order is affirmed on the opinion of the learned court below.