Opinion
April 20, 1965.
Practice — Habeas corpus — Petition — Insufficiency — Allegations contrary to record — Convicted murderer.
In this third habeas corpus proceeding by a person convicted of second degree murder, in which the fundamental allegations were directly contradicted by the record and the other allegations were insufficient to justify the issuance of a writ of habeas corpus, it was Held that the court below had properly dismissed the petition without hearing.
Submitted March 22, 1965. Before BELL, C. J., MUSMANNO, JONES, COHFN, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 40, March T., 1965, from order of Court of Common Pleas of Clarion County, Aug. T., 1964, No. 100, in case of Commonwealth ex rel. Milton A. Holben v. H. E. Russell, Superintendent. Order affirmed.
Habeas corpus.
Petition dismissed, opinion by WEAVER, J. Relator appealed.
Milton A. Holben, appellant, in propria persona.
Relator, represented by counsel at trial and at preliminary hearing, was convicted of murder in the second degree by a jury and subsequently sentenced to 7 1/2 to 15 years imprisonment. The petition for a writ of habeas corpus underlying the present appeal was dismissed by the court of common pleas without hearing, as were two previous petitions.
The court below concluded that the majority of the allegations contained in the present petition, even if true, would in no way warrant a hearing or in any respect justify the issuance of a writ. The remaining, more fundamental allegations were found to be directly contradicted by the record and devoid of merit.
We have examined the record and find nothing in any of the petition's numerous allegations, read in the light most favorable to petitioner, which even suggest any factual or legal basis for disturbing the determination of the court below.
Order affirmed.