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COMMONWEALTH v. WEAVER (06/22/71)

decided: June 22, 1971.

COMMONWEALTH
v.
WEAVER, APPELLANT



Appeal from order of Court of Common Pleas, Criminal Division, of Allegheny County, March T., 1960, No. 117, in case of Commonwealth of Pennsylvania v. Joseph Weaver.

COUNSEL

Sallie Ann Radick and John J. Dean, Assistant Public Defenders, and George H. Ross, Public Defender, for appellant.

Carol Mary Los and Robert L. Campbell, Assistant District Attorneys, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Watkins, J.

Author: Watkins

[ 219 Pa. Super. Page 275]

This is an appeal from the judgment of sentence of the Court of Common Pleas of Allegheny County by the defendant-appellant, Joseph Weaver, and from the order of the court below denying post-conviction relief.

The appellant was indicted for burglary, larceny and receiving stolen goods. He was convicted of burglary and sentenced to a term of imprisonment of not less than five years nor more than ten years. The motion for a new trial was denied and no appeal taken. However, in the order dismissing the post-conviction motion, the appellant was permitted to file an appeal from the judgment of sentence, nunc pro tunc.

The case involves a long list of collateral attacks by the appellant who has a long criminal record for burglary in several counties of Pennsylvania and in Ohio and so well indicates the present problems of our Courts in criminal proceedings.

On September 9, 1960, he filed a Petition for a Writ of Habeas Corpus, which was denied on the ground that it raised questions of trial error which could only be reviewed on appeal.

A second Petition for a Writ of Habeas Corpus was filed on August 17, 1961, which the court below treated as a Writ of Error or Coram Nobis. The court dismissed this writ on the ground that it was an attempt to use the writ as a motion for a new trial and a substitute for an appeal.

The appellant appealed from this order to this Court and by an opinion, per curiam, the court below was affirmed. Commonwealth ex rel. Weaver v. Maroney, 198 Pa. Superior Ct. 61, 182 A.2d 259 (1962), cert. denied, Shimko v. Maroney, 371 U.S. 915.

A third petition for a Writ of Habeas Corpus was dismissed without hearing on ...


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