Opinion
November 15, 1962.
December 12, 1962.
Criminal Law — Practice — Habeas corpus — Allegations same as those in previous petitions.
In a habeas corpus proceeding, in which it appeared that the court below dismissed the petition because on its face it had no merit and the allegations were the same as those which had been considered in previous petitions, it was Held that relator's appeal should be dismissed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 193, April T., 1962, from order of Court of Common Pleas of Allegheny County, April T., 1962, No. 3792, in case of Commonwealth ex rel. Edward Wakin v. Lawrence Keenan, Superintendent. Appeal dismissed.
Habeas corpus.
Order entered dismissing petition, opinion by McNAUGHER, P.J. Relator appealed.
Edward Wakin, appellant, in propria persona.
William Claney Smith, Assistant District Attorney, and Edward C. Boyle, District Attorney, for appellee.
Submitted November 15, 1962.
Relator's petition for writ of habeas corpus was dismissed by President Judge MCNAUGHER of the Court of Common Pleas of Allegheny County, "since on its face the petition has no merit and the allegations are the same as those considered in previous petitions." We agree with the court below.
Relator's conviction was sustained by this Court in Com. v. Wakin, 196 Pa. Super. 545, 175 A.2d 886.
Appeal is dismissed.