Criminal Law — Practice — Habeas corpus — Allegations of petitioner — Place of robbery — Failure of Commonwealth to call witness — Perjured testimony — Denial of preliminary hearing and right to bail — Lack of counsel at time of plea of guilty.
In a habeas corpus proceeding, in which it appeared that sentence was imposed upon petitioner, more than twenty years ago, following a plea of guilty to robbery while armed with an offensive weapon; that petitioner alleged that the actual robbery did not occur on the second floor of the premises involved (as admitted by him at the time of sentence), that the Commonwealth failed to call one of the witnesses who was wounded during the robbery to testify as to the actual place where the crime was committed (although both defendant and the co-defendant had testified as to the time and place of the occurrence), that petitioner was convicted by perjured testimony, that he was denied a preliminary hearing and the right to bail, and that he was denied due process by reason of lack of assistance of counsel at the time of trial; and that the court below, holding that, in the circumstances, petitioner's contentions were without merit and, also, that habeas corpus was not the proper remedy, dismissed the petition; it was Held that the order of the court below should be affirmed.
Submitted December 14, 1961.
OPINION PER CURIAM, January 16, 1962:
The order of the Court of Common Pleas No. 2 of Philadelphia County is affirmed on the opinion of Judge LEO WEINROTT for the court below, reported at 25 Pa. D. C. 2d 774.