Opinion
November 17, 1960.
December 14, 1960.
Criminal Law — Practice — Habeas corpus — Allegations — Conviction on perjured testimony — Commonwealth witness talking with jury — Improper conduct of defense by court-appointed counsel.
In a habeas corpus proceeding, in which it appeared that petitioner alleged that he was denied due process of law because he was convicted on perjured testimony on the part of one of the six Commonwealth witnesses called, because another Commonwealth witness talked with the jury at petitioner's trial, and because the court-appointed counsel did not properly conduct his defense, it was Held that the order of the court below dismissing the petition should be affirmed.
Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.
Appeal, No. 247, April T., 1960, from order of Court of Common Pleas of Erie County, May T., 1960, No. 376, in case of Commonwealth ex rel. Edward John Nowakowski v. James F. Maroney, Superintendent. Order affirmed.
Same case in court below: 22 Pa. D. C. 2d 600.
Habeas corpus.
Decree entered dismissing petition, opinion by ROBERTS, P.J., specially presiding. Relator appealed.
Edward John Nowakowski, appellant, in propria persona.
Richard V. Scarpitti, Assistant District Attorney, and Herbert J. Johnson, Jr., District Attorney, for appellee.
Submitted November 17, 1960.
The order of the court below is affirmed on the opinion of President Judge ROBERTS, specially presiding in the Court of Common Pleas of Erie County, as reported in 22 Pa. D. C.2d 600.