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COMMONWEALTH EX REL. BAUGH v. CLAUDY (07/17/52)

SUPERIOR COURT OF PENNSYLVANIA


July 17, 1952

COMMONWEALTH EX REL. BAUGH
v.
CLAUDY

COUNSEL

E. C. Stiles, Jr., Pittsburgh, for appellant.

James F. Malone, Jr., Dist. Atty., Albert A. Fiok, Asst. Dist. Atty., Pittsburgh, for appellee.

Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Arnold and Gunther, JJ.

[ 171 Pa. Super. Page 186]

PER CURIAM.

This is an appeal by defendant, Fleetwood Baugh, from the dismissal of his petition for writ of error

[ 171 Pa. Super. Page 187]

    coram nobis by the Court of Oyer and Terminer of Allegheny County. The petition is devoid of merit, and it was proper for the court below to summarily dismiss it. The attempted use of this writ by those who have no comprehension of its limited scope is becoming more frequent. See Commonwealth v. Geisel, Pa. Super., 90 A.2d 306. Those seeking to invalidate or set aside, by writs of habeas corpus or coram nobis, the sentences under which they are held in confinement should adhere to truth and accuracy in both petitions and briefs.

The order of the court below is affirmed on the opinion of Judge Soffel, a part of which is set forth.

STATEMENT OF CASE FOOTNOTES

1 the sentences as recorded have been abbreviated.

2 An analysis of the testimony of the witnesses is omitted.

19520717

© 1998 VersusLaw Inc.



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