Opinion
November 14, 1962.
December 12, 1962.
Criminal Law — Practice — Habeas corpus — Plea of nolo contendere — Submission of prima facie case — Identification of defendant — Habeas corpus not proper remedy.
In a habeas corpus proceeding, in which it appeared that petitioner entered a plea of nolo contendere to indictments charging burglary and larceny and assault with intent to kill; and that the court below, holding that petitioner was given a fair hearing, that he was ably represented by counsel (who insisted upon the district attorney submitting a prima facie case even after the plea of nolo contendere, in order that the identity of the assailant could be established), and that petitioner's reasons in support of the writ were without merit and were such as could not be raised on a petition for a writ of habeas corpus, dismissed the petition without a hearing; 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. 200, April T., 1962, from order of Court of Common Pleas of Washington County, Sept. T., 1961, No. 54, in case of Commonwealth ex rel. Joseph Weaver v. James F. Maroney, Superintendent. Order affirmed.
Same case in court below: 28 Pa. D. C. 2d 571.
Habeas corpus.
Order entered dismissing petition, opinion by CARSON, P.J. Relator appealed.
Joseph Weaver, appellant, in propria persona.
A.J. DeMedio, Assistant District Attorney, and Michael A. Hanna, District Attorney, for appellee.
Submitted November 14, 1962.
The order of the court below refusing the writ is affirmed on the opinion of President Judge Roy I. CARSON reported in 28 Pa. D. C.2d 571.