Opinion
November 18, 1938.
Corporation Funding Finance Co. v. Stoffregen, 264 Pa. 215 and Com. v. Dattala, 77 Pa. Super. 320, held controlling.
Petition for writ of habeas corpus. Original jurisdiction, Misc. Docket No. 111, in case of Commonwealth ex rel. Jack Miller v. Stanley Ashe, Warden, State Penitentiary. Rule discharged and petition refused.
This petition for a writ of habeas corpus raises a single question, and that one of law: Is the relator entitled to be discharged from custody because the trial at which he was convicted was presided over by the President Judge of the Orphans' Court of that judicial district, specially presiding, pursuant to Section 5 of the Act of June 7, 1917, P.L. 363.
The question was not raised at the trial, nor by appeal.
The point is ruled against the relator by the cases of Corporation Funding Finance Co. v. Stoffregen, 264 Pa. 215, 107 A. 727 and Com. v. Dattala, 77 Pa. Super. 320.
The rule is discharged and the petition is refused.