Criminal Law — Practice — Habeas corpus — Allegations — Insufficiency of evidence — Fabrication of testimony by Commonwealth — Entrapment — Refusal of continuance — Matters previously reviewed by appellate court.
In a habeas corpus proceeding, in which it appeared that petitioner alleged that there was an insufficiency of evidence to sustain his conviction, that the Commonwealth used fabricated testimony, that he was entrapped, and that the trial judge abused his discretion in refusing to grant a continuance; and that the court below, holding that it clearly appeared that the matters complained of had been once reviewed in the Superior Court on appeal by defendant from his conviction and sentence and that they did not form a basis for issuance of the writ, dismissed the petition; it was Held that the order of the court below should be affirmed.
Submitted December 14, 1960.
OPINION PER CURIAM, March 22, 1961:
The order of the court below dismissing petition for writ of habeas corpus is affirmed on the opinion of Judge WATERS, as reported in 23 Pa. D. C. 2d 403.