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COMMONWEALTH EX REL. MONTANEZ v. MARONEY. (03/19/63)

March 19, 1963

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



Appeal, No. 429, Oct. T., 1962, from order of Court of Common Pleas No. 5 of Philadelphia County, March T., 1962, No. 3884, in case of Commonwealth ex rel. Pedro Montanez v. James F. Maroney, Superintendent. Order affirmed.

COUNSEL

Pedro Montanez, appellant, in propria persona.

Louis F. McCabe and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

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

[ 200 Pa. Super. Page 425]

OPINION PER CURIAM

It has been held repeatedly that habeas corpus is not a substitute for an appeal. Commonwealth ex rel. Coffman v. Keenan, 198 Pa. Superior Ct. 80, 182 A.2d 288. Nevertheless, we have considered the matters

[ 200 Pa. Super. Page 426]

    raised by appellant and conclude that they have been properly disposed of by the lower court. Therefore we affirm the order of the Court of Common Pleas No. 5 of Philadelphia County on the opinion of President Judge SLOANE, reported at 29 Pa. D. & C.2d 383.

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