Opinion
November 17, 1953.
December 29, 1953.
Criminal law — Habeas corpus — Sufficiency of evidence — Conduct of defense by counsel.
1. The question of the sufficiency of the evidence to warrant the conviction cannot be raised on habeas corpus.
2. In a habeas corpus proceeding, in which it appeared that relator complained of the conduct of the defense by his counsel and questioned the sufficiency of the evidence to sustain his conviction, it was Held that the petition was devoid of merit and that it was properly dismissed.
Before RHODES, P.J., HIRT, RENO, ROSS, GUNTHER, WRIGHT and WOODSIDE, JJ.
Appeal, No. 265, Oct. T., 1953, from order of Court of Common Pleas No. 3 of Philadelphia County, March T., 1953, No. 7699, in case of Commonwealth of Pennsylvania ex rel. Frank Cardell v. F.S. Baldi, Superintendent, Philadelphia County Prison. Order affirmed.
Habeas corpus. Before MACNEILLE, P.J.
Order entered dismissing petition. Relator appealed.
Frank Cardell, appellant, in propria persona.
Samuel Dash, Armand Della Porta, Assistant District Attorneys, Michael von Moschzisker, First Assistant District Attorney and Richardson Dilworth, District Attorney, for appellee.
Submitted November 17, 1953.
Relator has appealed from an order dismissing his petition for writ of habeas corpus filed in the Court of Common Pleas No. 3 of Philadelphia County. A hearing was held on the petition and answer before President Judge MACNEILLE.
In his petition relator complains of the conduct of the defense by his counsel, and questions the sufficiency of the evidence to sustain his conviction. The trial record discloses no inadequacy of representation or insufficiency of the evidence to warrant his conviction, although the question cannot be raised on habeas corpus. Com. ex rel. Cameron v. Burke, 172 Pa. Super. 26, 92 A.2d 255.
Relator was indicted at No. 190, December Sessions, 1952, in the Court of Quarter Sessions of Philadelphia County, for larceny and receiving stolen goods. On December 10, 1952, he pleaded not guilty to the bill and signed a waiver of jury trial in which his counsel joined. On December 22, 1952, he was tried before Judge EDWIN O. LEWIS, found guilty, and sentenced to a term of not less than eighteen months nor more than three years in the Philadelphia County Prison. At the trial there was direct evidence that he committed the crime of larceny as charged; and he himself testified that he would not have taken the property if he had not been drinking.
There was no reason for the preparation and presentation of relator's petition which is totally devoid of merit.
Order is affirmed.