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COMMONWEALTH EX REL. JACKSON v. DAY. (11/16/55)

November 16, 1955

COMMONWEALTH EX REL. JACKSON, APPELLANT,
v.
DAY.



Appeal, No. 288, Oct. T., 1955, from order of Court of Common Pleas No. 7 of Philadelphia County, March T., 1955, No. 9955, in case of Commonwealth ex rel. Norman Jackson v. Charles G. Day, Warden. Order affirmed.

COUNSEL

Norman Jackson, appellant, in propria persona.

Samuel Dash, District Attorney, Vincent G. Panati, First Assistant District Attorney, William T. Gennetti, Assistant District Attorney, and Victor Wright, Assistant District Attorney, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

Author: Ross

[ 179 Pa. Super. Page 567]

OPINION BY ROSS, J.

Norman Jackson appeals from the dismissal of his petition for writ of habeas corpus by the court below after a hearing at which he was present, presented evidence, and argued in his own behalf.

On February 25, 1954, Jackson was tried without a jury (which he waived) and convicted of the crimes

[ 179 Pa. Super. Page 568]

    of sodomy, incestuous fornication and adultery, aggravated assault and battery, assault with intent to ravish, and rape, all of which charges grew out of acts committed upon his two young daughters. He is serving concurrent sentences of from three to ten years and from four to fifteen years in the Eastern State Penitentiary on two of the Bills. Sentence was suspended on the others. No new trial was sought after the trial nor was any appeal taken.

A prior petition for habeas corpus was withdrawn. The present petition sets forth nine reasons why he believed his incarceration to be illegal, though in essence there are but five, the others being repetitious of these. He asserts as error the receiving into evidence of his signed confession on the ground that he was intoxicated when it was obtained; that the Bills of Indictment were not proper; that his court appointed counsel made errors in judgment, that the conviction was against the weight of the evidence, and finally that the witnesses perjured themselves.

At the hearing on the habeas corpus below, Jackson was afforded wide latitude in arguing and producing evidence in support of his contentions, but the court below believed, and we agree, that he produced nothing warranting his discharge. Aside from the circumstance that his contentions related to matters which should have been raised on appeal, habeas corpus proceedings being no substitute for an appeal, Commonwealth ex rel. Yeschenko v. Keenan, 179 Pa. Superior Ct. 145, 148, 115 A.2d 386, 388, he produced nothing to overcome the presumption of the regularity of his trial. Commonwealth ex rel. Popovich v. Claudy, 170 Pa. Superior Ct. 482, 485, 87 A.2d 489.

The matters raised are those usually found in these cases, and most of them have recently been passed upon by our appellate ...


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