Opinion
December 16, 1959.
March 24, 1960.
Criminal Law — Practice — Habeas corpus — Sodomy — Penetration — Evidence — Request for counsel.
In a habeas corpus proceeding, in which it appeared that relator, who had been convicted of sodomy, averred in his petition for the writ that he was not guilty of sodomy in that there was no proof of penetration, and, in effect, requested the appointment of counsel for him in an attempt to find other alleged errors of which he might seek to take advantage; that the stenographic record of the trial disclosed testimony sufficient to justify the jury's finding that the Commonwealth had proved all the elements of the offense, including the penetration; and that the court below dismissed the petition without a hearing; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeal, No. 439, Oct. T., 1959, from order of Court of Common Pleas of Bucks County, May T., 1959, No. 459, in case of Commonwealth of Pennsylvania ex rel. George Elias Frey v. William J. Banmiller, Warden. Order affirmed.
Same case in court below: 20 Pa. D. C. 2d 160.
Habeas corpus.
Order entered denying petition, opinion by SATTERTHWAITE, J. Relator appealed.
George Elias Frey, appellant, in propria persona.
Ward F. Clark, Assistant District Attorney, and Paul R. Beckert, District Attorney, for appellee.
Submitted December 16, 1959.
The order of the court below is affirmed on the opinion of Judge SATTERTHWAITE of the Court of Common Pleas of Bucks County, as reported in 20 Pa. D. C. 2d 160.