Opinion
November 14, 1962.
December 12, 1962.
Commonwealth ex rel. Marshall v. Maroney, 198 Pa. Super. 85, Held controlling.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 239, April T., 1962, from order of Court of Common Pleas of Allegheny County, July T., 1962, No. 38, in case of Commonwealth ex rel. George Kirby v. James F. Maroney, Superintendent. Order affirmed.
Habeas corpus.
Order entered dismissing petition, opinion by MCNAUGHER, P.J. Relator appealed.
George Kirby, appellant, in propria persona.
Louis Abromson and William Claney Smith, Assistant District Attorneys, and Edward C. Boyle, District Attorney, for appellee.
Submitted November 14, 1962.
This is an appeal by relator from a denial of petition for writ of habeas corpus by the Court of Common Pleas of Allegheny County, at No. 38, July Term, 1962. Relator was indicted on a charge of violation of the Narcotics Act. He entered a plea of guilty and was sentenced to a term of not less than one year nor more than two years in the Western State Correctional Institution at Pittsburgh. He had court-appointed counsel.
The only question raised on this appeal is an alleged illegal search and seizure.
This appeal is controlled by our decision in Com. ex rel. Marshall v. Maroney, 198 Pa. Super. 85, 181 A.2d 852.
The order of the court below is affirmed.