Opinion
March 20, 1963.
April 18, 1963.
Criminal Law — Practice — Habeas corpus — Allegations of petitioner — Excessiveness of sentence — Sufficiency of evidence — Burglary — Charge of trial judge.
In a habeas corpus proceeding, in which it appeared that petitioner alleged that the sentence imposed was excessive, that the Commonwealth had failed to prove the crime of burglary, and that the charge of the trial judge was not legally sufficient and contained errors; and that the court below, holding that the sentences were within the limits fixed by law, that the matters presented by petitioner were not properly raised in a habeas corpus proceeding, that petitioner had voluntarily and knowingly withdrawn motions for a new trial and for arrest of judgment, and that petitioner's contentions were without merit, dismissed the petition; it was Held that the order of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. 75, Oct. T., 1963, from order of Court of Common Pleas No. 4 of Philadelphia County, Sept. T., 1962, No. 3384, in case of Commonwealth ex rel. Andrew R. Mallory v. David N. Myers, Superintendent. Order affirmed.
Same case in court below: 29 Pa. D. C. 2d 557.
Habeas corpus.
Order entered dismissing petition, opinion by GUERIN, J. Relator appealed.
Andrew R. Mallory, appellant, in propria persona.
Gordon Gelfond and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.
Submitted March 20, 1963.
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge GUERIN of the Court of Common Pleas No. 4 of Philadelphia County, as reported in 29 Pa. D. C. 2d 557.