Opinion
[App. No. 5, September Term, 1960 (Adv.).]
Decided June 14, 1960.
POST CONVICTION PROCEDURE ACT — Evidence, Sufficiency Of — Arrest, Legality Of. Contentions challenging the sufficiency of the evidence and the legality of an arrest are not available in a post conviction proceeding. p. 639
J.E.B.
Decided June 14, 1960.
Bobby William Roberts instituted a proceeding under the Post Conviction Procedure Act, and from a denial of relief, he applied for leave to appeal.
Reporter's Note: Certiorari denied, 364 U.S. 850.
Before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT and HORNEY, JJ.
Petitioner's application for leave to appeal under the Post Conviction Procedure Act is denied for the reasons set forth by the court below. Petitioner's contentions challenge the sufficiency of the evidence and the legality of the arrest and are not available to him in this proceeding.
Application denied.