December 12, 1962
COMMONWEALTH EX REL. KIRBY, APPELLANT,
Appeal, No. 239, April T., 1962, from order of Court of Common Pleas of Allegheny County, July T., 1962, No. 38, in case of Commonwealth ex rel. George Kirby v. James F. Maroney, Superintendent. Order affirmed.
George Kirby, appellant, in propria persona.
Louis Abromson and William Claney Smith, Assistant District Attorneys, and Edward C. Boyle, District Attorney, for appellee.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
[ 199 Pa. Super. Page 602]
OPINION PER CURIAM
This is an appeal by relator from a denial of petition for writ of habeas corpus by the Court of Common Pleas of Allegheny County, at No. 38, July Term, 1962. Relator was indicted on a charge of violation of the Narcotics Act. He entered a plea of guilty and was sentenced to a term of not less than one year nor more than two years in the Western State Correctional Institution at Pittsburgh. He had court-appointed counsel.
The only question raised on this appeal is an alleged illegal search and seizure.
This appeal is controlled by our decision in Com. ex rel. Marshall v. Maroney, 198 Pa. Superior Ct. 85, 181 A.2d 852.
The order of the court below is affirmed.
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