COM. ex rel. MONTANEZ v. MARONEY

Criminal Law — Practice — Habeas corpus — Substitute for appeal — Aggravated robbery — Absence of offensive weapon or instrument — Robbery committed by two or more culprits and with violence — Sufficiency of evidence.

1. Habeas corpus is not a substitute for an appeal.

2. In a habeas corpus proceeding, in which it appeared that defendant, who was indicted with two others for aggravated robbery, adjudged guilty and sentenced, contended that the material element of aggravated robbery was proof of an offensive weapon or instrument, and, also, that the robbery was not proved; and that the court below, finding that the robbery was committed (a) in company with two other other defendants, and (b) that violence was done to the victim, involving two of the three culpable methods of criminality under the pertinent section of The Penal Code, and that the evidence established beyond a reasonable doubt that the robbery was committed, dismissed the petition; it was Held that the order of the court below should be affirmed.

Submitted December 12, 1962.