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COMMONWEALTH EX REL. CLARK v. MARONEY. (12/12/62)

THE SUPERIOR COURT OF PENNSYLVANIA


December 12, 1962

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

Appeal, No. 244, April T., 1962, from order of Court of Common Pleas of Allegheny County, July T., 1962, No. 954, in case of Commonwealth ex rel. George A. Clark v. James F. Maroney, Superintendent. Order affirmed.

COUNSEL

George A. Clark, appellant, in propria persona.

Lousi 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 553]

OPINION PER CURIAM

After a non-jury trial in the Court of Quarter Sessions of Allegheny County before Honorable DAVID H. WEISS of the Tenth Judicial District, specially presiding, relator was adjudicated as guilty on charges of forgery of narcotic prescriptions, and sentenced to terms totaling not less than six years nor more than twelve years in the Western State Correctional Institution at Pittsburgh.

Relator was represented at that time by counsel of his own choice. No appeal was taken from the judgments of sentence.

Relator's present contention seems to be that he was subjected to an illegal search and seizure. His petition for writ of habeas corpus was dimissed by Judge WEISS.

Relator's complaint was a matter for defense, reviewable for possible error on appeal and not by habeas corpus. Habeas corpus is not a substitute for an appeal

[ 199 Pa. Super. Page 554]

    and cannot be used to inquire into matters that should have been raised on motion for a new trial. Com. ex re. Stoner v. Myers, 199 Pa. Superior Ct. 341, 185 A.2d 806.

Disposition

The order of the court below is affirmed.

19621212

© 1998 VersusLaw Inc.



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