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COMMONWEALTH EX REL. MOYER v. MARONEY. (06/13/62)

THE SUPERIOR COURT OF PENNSYLVANIA


June 13, 1962

COMMONWEALTH EX REL. MOYER, APPELLANT,
v.
MARONEY.

Appeal, No. 74, April T., 1962, from order of Court of Common Pleas of Erie County, Nov. T., 1961, No. 37, in case of Commonwealth ex rel. Alfonso Facheno Moyer v. James F. Maroney, Superintendent. Order affirmed.

COUNSEL

Alfonso Facheno Moyer, appellant, in propria persona.

D. J. McLaughlin, Assistant District Attorney, H. J. Johnson, Jr., District Attorney, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Woodside

[ 198 Pa. Super. Page 356]

OPINION BY WOODSIDE, J.

This is an appeal by a prisoner from the refusal of the court below to grant him a writ of habeas corpus.

The petitioner was sentenced to a total of 6 to 12 years for a series of burglaries. He contends that the record discloses that some of the testimony introduced at his trial was perjured. He bases this upon minor, immaterial inconsistencies in the testimony of police officers as to the time when the petitioner's fellow burglar changed his story and first told the officers that the prisoner in this case was involved in the burglaries.

There is no indication of perjured testimony. See Commonwealth v. Billingsley, 160 Pa. Superior Ct. 140, 50 A.2d 703, affirmed on Superior Court opinion 357 Pa. 378, 54 A.2d 705 (1947); 29 P.L.E. Perjury ยง 1. An examination of the record shows that the petitioner was convicted by the testimony of a fellow burglar, and other indisputable evidence.

We find no merit to the petitioner's contention. He was convicted by a jury after a fair trial before Judge BURTON R. LAUB, one of the Commonwealth's ablest trial judges.

Disposition

Order dismissing writ is affirmed.

19620613

© 1998 VersusLaw Inc.



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