Opinion
March 23, 1961.
March 30, 1961.
Criminal Law — Practice — Habeas corpus — Allegations — Denial of due process — Inadequacy of time for court-appointed counsel to prepare defense — Failure to hold preliminary hearing — Questions previously determined on appeal.
In a habeas corpus proceeding, in which it appeared that petitioner alleged that the proceedings in his case, considered as a whole, did not meet the requirements of due process, that the trial judge ordered petitioner's case to trial without affording the court-appointed counsel time to prepare the defense, and that his constitutional rights were violated by the failure to hold a preliminary hearing; that the very same questions which petitioner sought to reassert in the instant petition for a writ of habeas corpus had been determined adversely against him on appeal from the judgments of sentence entered against him; and that the court below, declining in effect to review the action of the appellate court, 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. 128, Oct. T., 1961, from order of Court of Common Pleas No. 5 of Philadelphia County, Dec. T., 1960, No. 75, in case of Commonwealth ex rel. Andrew Joseph Taylor v. William J. Banmiller, Superintendent. Order affirmed.
Same case in court below: 23 Pa. D. C. 2d 558.
Habeas corpus.
Order entered dismissing petition, opinion by WEINROTT, J. Relator appealed.
Andrew Joseph Taylor, appellant, in propria persona.
William H. Wolf, Jr. and Arlen Specter, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.
Submitted March 23, 1961.
The Order of the Court of Common Pleas No. 5 of Philadelphia County is affirmed on the opinion of Judge LEO WEINROTT for the court below, reported at 23 Pa. D. C. 2d 558.