Opinion
November 14, 1962.
December 12, 1962.
Criminal Law — Practice — Habeas corpus — Allegations — Irregularities at preliminary hearing — Sufficiency of identification of stolen property — Failure to receive timely dental care during incarceration before trial.
In a habeas corpus proceeding, in which it appeared that relator, who was convicted of robbery, alleged certain irregularities which occurred at the alderman's preliminary hearing, questioned the sufficiency of the Commonwealth's identification of the stolen property, and also alleged that during his incarceration in the county jail while awaiting trial he lost weight and failed to receive timely dental care; and that the court below, holding that petitioner's contentions were not within the scope of a habeas corpus proceeding and were without merit, 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. 280, April T., 1962, from order of Court of Common Pleas of Fayette County, June T., 1962, No. 1356, in case of Commonwealth ex rel. Vaughn D. Woody v. Harry E. Russell, Warden. Order affirmed.
Same case in court below: 28 Pa. D. C. 2d 713.
Habeas corpus.
Order entered dismissing petition, opinion by MUNSON, J. Relator appealed.
Vaughn D. Woody, appellant, in propria persona.
William J. Franks, Assistant District Attorney, and John R. Hoye, District Attorney, for appellee.
Submitted November 14, 1962.
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge MUNSON of the Court of Common Pleas of Fayette County, as reported in 28 Pa. D. C. 2d 713.