Opinion
September 9, 1958.
October 10, 1958.
Criminal law — Practice — Habeas corpus — Relator's contentions — False accusation and conviction — Consideration of prior record at trial — Presumption of innocence — Alibi defense — Signature of waiver of trial by jury — Caption of indictment.
In a habeas corpus proceeding, in which relator contended that (1) he had been falsely accused and convicted, (2) his prior record had been considered in evidence to his prejudice at the trial, (3) he had at no time been presumed to be innocent, (4) that he had an alibi defense, (5) that he had not signed a waiver of trial by jury, and (6) that his indictment was illegal because it named "John" Gatens rather than "Henry J." Gatens, the relator, it was Held, in the circumstances, that the order of the court below, dismissing the petition without a hearing, should be affirmed.
Before RHODES, P.J., HIRT, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ. (GUNTHER, J., absent).
Appeal, No. 423, Oct. T., 1958, from order of Court of Common Pleas No. 7 of Philadelphia County, March T., 1958, No. 2445, in case of Commonwealth ex rel. Henry J. Gatens v. William J. Banmiller, Warden. Order affirmed.
Same case in court below: 14 Pa. D. C. 2d 224.
Habeas corpus.
Order entered dismissing petition, opinion by REIMEL, J. Relator appealed.
Paul N. Gardner, for appellant.
James McGirr Kelly, Assistant District Attorney, with him Juanita Kidd Stout, Assistant District Attorney, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Argued September 9, 1958.
The order of the court below is affirmed on the opinion of Judge REIMEL as reported in 14 Pa. D. C. 2d 224.