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COM. ex rel. GARRISON v. MYERS

Superior Court of Pennsylvania.
Mar 30, 1961
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Criminal Law — Practice — Habeas corpus — Severity of sentence — Conduct of defense by lawyer — Fairness of trial.

In a habeas corpus proceeding, in which it appeared that petitioner alleged that his sentence was too severe, that his lawyer incompetently conducted his defense, and that petitioner did not receive a fair and impartial trial; and that the court below, holding that petitioner's contentions could not properly be presented in an application for a writ of habeas corpus, dismissed the petition; it was Held that the order of the court below should be affirmed.

Submitted March 23, 1961.

OPINION PER CURIAM, March 30, 1961:

The Order of the Court of Common Pleas No. 3 of Philadelphia County is affirmed on the opinion of Judge CHARLES L. GUERIN for the court below, reported at 23 Pa. D. C.2d 519.