Opinion
December 10, 1962.
March 19, 1963.
Criminal Law — Practice — Habeas corpus — Statute of limitations — False and perjured testimony at trial — Questions not properly raised on habeas corpus.
In a habeas corpus proceeding, in which it appeared that petitioner, who had been adjudged guilty of statutory rape, incest, and corrupting the morals of a minor, and sentenced, contended that the crimes charged in the bills of indictment had occurred at a time when prosecution thereof had been barred by the statute of limitations and, also, that the evidence upon which he had been found guilty was false and perjured; and that the court below, holding that the facts adduced at the trial warranted the finding of the trial judge that the offenses had occurred within the statutory period, that the credibility of the witnesses and the weight to be given to their testimony had been solely for the trial judge, and, also, that petitioner's contentions could not be raised in a habeas corpus proceeding, 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. 382, Oct. T., 1962, from order of Court of Common Pleas No. 2 of Philadelphia County, June T., 1962, No. 2171, in case of Commonwealth ex rel. Thomas Maryanski v. David N. Myers, Superintendent. Order affirmed.
Same case in court below: 29 Pa. D. C. 2d 358.
Habeas corpus.
Order entered dismissing petition, opinion by SPORKIN, J. Relator appealed.
Thomas Maryanski, appellant, in propria persona.
Arthur J. Marion and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.
Submitted December 10, 1962.
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge SPORKIN of the Court of Common Pleas No. 2 of Philadelphia County, as reported in 29 Pa. D. C. 2d 358.