September 16, 1959
COMMONWEALTH EX REL. JONES, APPELLANT,
Appeal, No. 189, Oct. T., 1959, from order of Court of Common Pleas of Delaware County, Dec. T., 1958, No. 1503, in case of Commonwealth of Pennsylvania ex rel. Fred R. Jones v. David N. Myers, Warden. Order affirmed.
Fred R. Jones, appellant, in propria persona.
Clement J. McGovern, Assistant District Attorney, and Raymond R. Start, District Attorney, for appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.
[ 190 Pa. Super. Page 341]
OPINION PER CURIAM
The appellant, as defendant in the court below, was charged jointly with another with possessing and dispensing a narcotic drug to-wit: marihuana, in violation of § 4 of the Act of July 11, 1917, P.L. 758, 35 PS § 854. Both were convicted and appellant is now serving the sentence imposed, in a penal institution.
In this appeal from the refusal of the lower court to grant a hearing on his petition for habeas corpus, the appellant's principal complaint is that the Commonwealth's testimony at his trial did not support the conviction because of the Commonwealth's failure "to specify the drug content or to establish true chemical analysis" of the drug possessed and dispensed by him. If error, this was a matter to be rectified on appeal, and since a writ of habeas corpus cannot be made the
[ 190 Pa. Super. Page 342]
substitute for an appeal no hearing was required in the court below. Com. ex rel. Gaurich v. Keenan, 181 Pa. Superior Ct. 619, and cases cited, p. 622, 124 A.2d 144. Cf. Com. ex rel. Bishop v. Maroney, 382 Pa. 324, 114 A.2d 906. We find no merit in the other contentions of appellant that there was a denial of due process in the court below.
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