Opinion
September 11, 1962.
November 15, 1962.
Criminal Law — Practice — Habeas corpus — Allegations of petitioner — Perjured testimony of prosecutor and investigating officer — Identification of defendant in line up.
In a habeas corpus proceeding, in which it appeared that relator, who had been convicted of robbery by assault and force, alleged that at the trial the prosecutor perjured himself by testifying that he had picked only three men from the line-up in the county prison whom he had identified as his assailants when, in fact, he had picked four men during the course of the alleged line-up, and that an investigating police officer had likewise perjured himself to corroborate the prosecutor's perjured testimony; that relator did not specify wherein the prosecutor or the investigating officer had perjured themselves other than that their testimony was contrary to the testimony of witnesses called on behalf of defendant, who had testified that the prosecutor had picked four men in identifying his assailants; that the testimony showed that the prosecutor had immediately identified relator as being one of his assailants but did have some difficulty in picking out the codefendant as the other assailant; and that the court below holding that relator's contentions were without merit, that a writ of habeas corpus was not the proper remedy, and that the record disclosed that relator was not denied due process, 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. 294, Oct. T., 1962, from order of Court of Common Pleas of Northumberland County, May T., 1962, No. 323, in case of Commonwealth ex rel. Calvin Tyson v. David N. Myers, Superintendent. Order affirmed.
Same case in court below: 28 Pa. D. C. 2d 525.
Habeas corpus.
Order entered dismissing petition, opinion by TROUTMAN, J. Relator appealed.
Calvin Tyson, appellant, in propria persona.
Sanford S. Marateck, Assistant District Attorney, for appellee.
Submitted September 11, 1962.
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge TROUTMAN of the Court of Common Pleas of Northumberland County, as reported in 28 Pa. D. C. 2d 525. See Com. ex rel. Whalen v. Banmiller, 193 Pa. Super. 554, 165 A.2d 421.