Opinion
November 14, 1963.
December 12, 1963.
Criminal Law — Practice — Habeas corpus — Alleged arrest by police without warrant.
In this case, in which it appeared that relator, who had been convicted and sentenced for burglary, larceny, and receiving stolen goods, filed a pleading entitled "Petition for Writ of Show Cause", which was treated by the court below as a petition for a writ of habeas corpus; that petitioner averred that he was arrested by the police without a warrant; and that the court below, holding that the sufficiency of the warrant or the arrest could not be raised by petition for a writ of habeas corpus after indictment, trial, conviction, and sentence, dismissed the petition; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 168, April T., 1963, from order of Court of Common Pleas of Allegheny County, April T., 1963, No. 2199, in case of Commonwealth ex rel. Martin Freeman v. James F. Maroney, Superintendent. Order affirmed.
Same case in court below: 31 Pa. D. C. 2d 799.
Habeas corpus.
Order entered dismissing petition, opinion by CERCONE, J. Relator appealed.
Martin Freeman, appellant, in propria persona.
William Claney Smith, Assistant District Attorney, and Edward C. Boyle, District Attorney, for appellee.
Submitted November 14, 1963.
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge CERCONE of the Court of Common Pleas of Allegheny County, as reported in 31 Pa. D. C. 2d 799.