Opinion
September 11, 1961.
November 16, 1961.
Criminal Law — Practice — Habeas corpus — Sentence as fourth offender — Due process — Hearing — Waiver — Habitual Criminal Act.
In a habeas corpus proceeding, in which it appeared that prior repetitious petitions for a writ of habeas corpus and prior applications for a writ of coram nobis had been dismissed, and that relator contended that he was denied due process of law when he was sentenced as a fourth offender under the Habitual Criminal Act, that the trial court should have conducted some type of hearing before passing sentence, that he was not at any time formally charged with being a fourth offender in any proceedings brought against him, and that his waiver of a hearing was invalid, it was Held that the order of the court below dismissing the petition should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 256, Oct. T., 1961, from order of Court of Common Pleas of Lycoming County, Feb. T., 1961, No. 23, in case of Commonwealth ex rel. Nathaniel Firmstone v. Harry E. Russell, Superintendent. Order affirmed.
Same case in court below: 25 Pa. D. C. 2d 337.
Habeas corpus.
Order entered dismissing petition, opinion by GREEVY, J. Relator appealed.
Nathaniel Firmstone, appellant, in propria persona.
Bertram S. Murphy, First Assistant District Attorney, and Paul W. Reeder, District Attorney, for appellee.
Submitted September 11, 1961.
The order of the court below is affirmed on the opinion of Judge GREEVY of the Court of Common Pleas of Lycoming County, as reported in 25 Pa. D. C. 2d 337.