Opinion
March 18, 1963.
April 18, 1963.
Criminal Law — Practice — Habeas corpus — Allegations of petitioner — Insufficiency of evidence — Trial errors — Trial not so fundamentally unfair as to amount to denial of due process — Questions of fact adversely decided against petitioner — Failure of counsel to order transcribing of notes of testimony at preliminary hearing — Necessity of hearing.
In a habeas corpus proceeding, in which it appeared that petitioner contended that his trial was so permeated with trial errors that collectively these errors constituted fundamental error amounting to a denial of due process of law, alleging that the evidence was insufficient, that certain errors were committed during the course of the trial, and that his counsel failed to order the transcribing of the notes of testimony taken at the preliminary hearing; and that the court below, holding that the questions raised by petitioner were not properly the subject of habeas corpus, that there was no merit to petitioner's contention that the trial was so fundamentally unfair as to amount to a denial of due process or that basic fundamental error was committed which deprived him of a constitutional right, that the petition was an attempt to reopen the same questions of fact which were resolved against petitioner by the jury at his trial, that dissatisfaction of petitioner with the conduct of his counsel was not ground for issuance of the writ, and that a hearing was not necessary, since the facts alleged were refuted by the record and had been found adversely to petitioner by the jury, 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. 4, Oct. T., 1963, from order of Court of Common Pleas No. 4, June T., 1962, No. 4796, in case of Commonwealth ex rel. William Willis v. David N. Myers, Superintendent. Order affirmed.
Same case in court below: 29 Pa. D. C. 2d 458.
Habeas corpus.
Order entered dismissing petition, opinion by CHUDOFF, J. Relator appealed.
William Willis, appellant, in propria persona.
John F. Hassett and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.
Submitted March 18, 1963.
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge CHUDOFF of the Court of Common Pleas No. 1 of Philadelphia County, as reported in 29 Pa. D. C. 2d 458.