Opinion
May 9, 1940.
June 24, 1940.
Criminal law — Practice — Habeas corpus — Trial errors — False testimony — Appeal — Trial of indictments together or separately.
1. Alleged errors of the court upon the trial of defendant, which resulted in his conviction; allegations that the testimony was false and perjured, and protestations of his innocence, are not matters which can be considered on habeas corpus proceedings.
2. The writ of habeas corpus is not a substitute for an appeal.
3. It is within the sound discretion of the trial court to decide whether indictments should be tried together or separately.
Appeal, No. 283, April T., 1940, from order of C.P. Allegheny Co., Jan. T., 1939, No. 2750, in case of Commonwealth ex rel. Joseph F. Koleg v. Stanley P. Ashe, Warden Western State Penitentiary.
Before KELLER, P.J., CUNNINGHAM, BALDRIGE, STADTFELD, PARKER, RHODES and HIRT, JJ. Order affirmed.
Habeas corpus proceeding. Before KENNEDY, J.
Order entered remanding prisoner. Relator appealed.
Joseph F. Koleg, appellant, in propria persona.
Andrew T. Park, District Attorney, George F.P. Langfitt, First Assistant District Attorney, and Louis L. Kaufman, for appellee.
Submitted May 9, 1940.
Appeal by the relator from an order of Judge KENNEDY, of the Court of Common Pleas of Allegheny County, refusing to discharge him from the Western State Penitentiary, on writ of habeas corpus.
The matters relied upon by the relator as ground for his discharge from confinement related to alleged errors of the court upon the trial, which resulted in his conviction, and to allegations that the testimony, on which he was convicted on two indictments for robbery, was false and perjured, and to protestations of his innocence.
These are not matters which can be considered on habeas corpus proceedings: Com. ex rel. Lewis v. Ashe, 335 Pa. 575, 7 A.2d 296; Com. ex rel. Aikens v. Ashe, 137 Pa. Super. 392, 9 A.2d 201. The writ of habeas corpus is not a substitute for an appeal.
It was within the sound discretion of the trial court to decide whether the indictments should be tried together or separately.
The order is affirmed.