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COMMONWEALTH EX REL. SIMCOX v. JOHNSTON. (01/17/56)

THE SUPERIOR COURT OF PENNSYLVANIA


January 17, 1956

COMMONWEALTH EX REL. SIMCOX, APPELLANT,
v.
JOHNSTON.

Appeal, No. 122, April T., 1955, from order of Court of Common Pleas of Erie County, May T., 1955, No. 190, in case of Commonwealth of Pennsylvania ex rel. Raymond Simcox v. Frank C. Johnston, Warden, Western State Penitentiary. Order affirmed.

COUNSEL

Raymond Simcox, appellant, in propria persona.

Damian McLaughlin, District Attorney and Lindley R. McClelland, Assistant District Attorney, for appellee.

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

Author: Woodside

[ 180 Pa. Super. Page 194]

OPINION BY WOODSIDE, J.

This is an appeal from the refusal of the Court of Common Pleas of Erie County to grant a writ of habeas corpus to the relator, a prisoner at the Western State Penitentiary serving a sentence imposed by the courts of that county.

The prisoner contends that he was denied due process of law because (1) he was confined for four months and twenty days before he was given a preliminary hearing; (2) he was not given a speedy trial; (3) a police officer allegedly testified falsely at his trial.

Judge EVANS stated for the court below that "An examination of the records shows that proceedings were all in accordance with law; and even were this not so, they could not be raised under a petition for a writ of habeas corpus."

The lower court is correct. See Com. ex rel. Musser v. Day, 180 Pa. Superior Ct. 191, 119 A.2d 811, and the cases there cited.

Disposition

Order affirmed.

19560117

© 1998 VersusLaw Inc.



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