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COMMONWEALTH EX REL. PIERCE v. MARTIN. (04/09/57)

THE SUPERIOR COURT OF PENNSYLVANIA


April 9, 1957

COMMONWEALTH EX REL. PIERCE, APPELLANT,
v.
MARTIN.

Appeal, No. 49, Oct. T., 1957, from order of Court of Common Pleas No. 1 of Philadelphia County, June T., 1956, No. 1644, in case of Commonwealth ex rel. Jesse Barry Pierce v. Frank G. Martin, Acting Warden. Order affirmed.

COUNSEL

Jesse B. Pierce, appellant, in propria persona.

Thomas M. Reed and Lawrence M. Aglow, Assistant District Attorneys, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.

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

Author: Wright

[ 183 Pa. Super. Page 272]

OPINION BY WRIGHT, J.

This is an appeal from the dismissal of appellant's second petition for a writ of habeas corpus. The factual situation is set forth in our opinion, filed July 21,

[ 183 Pa. Super. Page 2731955]

, affirming appellant's conviction and sentence on a charge of robbery. See Commonwealth v. Walker et al., 178 Pa. Superior Ct. 522, 116 A.2d 230, allocatur refused, 178 Pa. Superior Ct. XXIX. The contentions which appellant here attempts to raise were discussed and decided adversely to his position in our original opinion. Moreover, they were advanced in appellant's first petition for a writ of habeas corpus, from the dismissal of which he took no appeal, and involve alleged trial errors which cannot be considered in a habeas corpus proceeding. See Commonwealth ex rel. Colwell v. Myers, 182 Pa. Superior Ct. 256, 126 A.2d 513. Further discussion is unnecessary.

Disposition

The order of the court below is affirmed.

19570409

© 1998 VersusLaw Inc.



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