Opinion
March 23, 1961.
March 30, 1961.
Criminal Law — Practice — Habeas corpus — Severity of sentence — Conduct of defense by lawyer — Fairness of trial.
In a habeas corpus proceeding, in which it appeared that petitioner alleged that his sentence was too severe, that his lawyer incompetently conducted his defense, and that petitioner did not receive a fair and impartial trial; and that the court below, holding that petitioner's contentions could not properly be presented in an application for a writ of habeas corpus, dismissed the 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. 115, Oct. T., 1961, from order of Court of Common Pleas No. 3 of Philadelphia County, Sept. T., 1960, No. 2584, in case of Commonwealth ex rel. Milton Garrison v. David N. Myers, Superintendent. Order affirmed.
Same case in court below: 23 Pa. D. C. 2d 519.
Habeas corpus.
Order entered dismissing writ, opinion by GUERIN, J. Relator appealed.
Milton Garrison, appellant, in propria persona.
Louis F. McCabe and Arlen Specter, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.
Submitted March 23, 1961.
The Order of the Court of Common Pleas No. 3 of Philadelphia County is affirmed on the opinion of Judge CHARLES L. GUERIN for the court below, reported at 23 Pa. D. C.2d 519.