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COMMONWEALTH EX REL. MURRAY v. KEENAN (ET AL. (04/16/58)

April 16, 1958

COMMONWEALTH EX REL. MURRAY
v.
KEENAN (ET AL., APPELLANT).



Appeal, No. 158, April T., 1957, from order of Court of Common Pleas of Allegheny County, Jan. T., 1957, No. 1144, in case of Commonwealth of Pennsylvania ex rel. William J. Murray v. L. P. Keenan, Superintendent. Judgment reversed.

COUNSEL

William Claney Smith, Assistant District Attorney, with him Edward C. Boyle, District Attorney, for appellant.

Marjorie Hanson Matson, for appellee.

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

Author: Woodside

[ 186 Pa. Super. Page 108]

OPINION BY WOODSIDE, J.

William J. Murray was convicted by a jury of violating the Narcotics Act of July 11, 1917, P.L. 758, as amended, 35 PS ยง 851 et seq. and on April 12, 1956, was sentenced by the Court of Quarter Sessions of Allegheny County to five years in the Allegheny County Workhouse. He did not appeal.

October 30, 1956, he filed a petition for a writ of habeas corpus in the Court of Common Pleas of Allegheny County, which petitions he later amended. That

[ 186 Pa. Super. Page 109]

    court, after considering the matter on the amended petition and an answer filed by the district attorney, ordered that a new trial be granted in the quarter sessions case. The district attorney appealed.

A writ of habeas corpus is not a substitute for an appeal, or for a writ of error, or for a motion for a new trial, or for the correction of trial errors. Commonwealth ex rel. DeSimone v. Maroney, 179 Pa. Superior Ct. 300, 303, 116 A.2d 747 (1955); Commonwealth ex rel. Garrison v. Burke, 378 Pa. 344, 347, 106 A.2d 587 (1954); Commonwealth ex rel. Elliott v. Baldi, 373 Pa. 489, 493, 96 A.2d 122 (1953). See also Sunal v. Large, 332 U.S. 174 (1947).

This has probably been the most repeated rule of law to be found in the reports of the Appellate Courts of this Commonwealth during the past decade.*fn1 It is not only ...


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