Criminal Law — Practice — Habeas corpus — Allegations of petitioner — Excessiveness of sentence — Sufficiency of evidence — Burglary — Charge of trial judge.
In a habeas corpus proceeding, in which it appeared that petitioner alleged that the sentence imposed was excessive, that the Commonwealth had failed to prove the crime of burglary, and that the charge of the trial judge was not legally sufficient and contained errors; and that the court below, holding that the sentences were within the limits fixed by law, that the matters presented by petitioner were not properly raised in a habeas corpus proceeding, that petitioner had voluntarily and knowingly withdrawn motions for a new trial and for arrest of judgment, and that petitioner's contentions were without merit, dismissed the petition; it was Held that the order of the court below should be affirmed.
Submitted March 20, 1963.
OPINION PER CURIAM, April 18, 1963:
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge GUERIN of the Court of Common Pleas No. 4 of Philadelphia County, as reported in 29 Pa. D. C. 2d 557.