Opinion
December 12, 1958.
March 18, 1959.
Criminal law — Practice — Habeas corpus — Allegations — Competency and credibility of witnesses — Writ as substitute for appeal.
1. In a habeas corpus proceeding, in which relator complained of alleged trial errors involving the competency and credibility of witnesses who had appeared against him, it was Held that the court below properly dismissed the petition without hearing.
2. The writ of habeas corpus may not be used as a substitute for appeal.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeal, No. 80, Oct. T., 1959, from order of Court of Common Pleas No. 1 of Philadelphia County, June T., 1958, No. 1892, in case of Commonwealth of Pennsylvania ex rel. Guistino Nibbio v. Frank C. Johnston, Warden. Order affirmed.
Same case in court below: 16 Pa. D. C. 2d 252.
Habeas corpus proceeding.
Order entered dismissing petition, opinion by MILNER, J. Relator appealed.
Guistino Nibbio, appellant, in propria persona.
Charles L. Durham and Juanita Kidd Stout, Assistant District Attorneys, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Submitted December 12, 1958.
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge MILNER, as reported in 16 Pa. D. C. 2d 252.