Criminal law — Practice — Habeas corpus — Relator's contentions — False accusation and conviction — Consideration of prior record at trial — Presumption of innocence — Alibi defense — Signature of waiver of trial by jury — Caption of indictment.
In a habeas corpus proceeding, in which relator contended that (1) he had been falsely accused and convicted, (2) his prior record had been considered in evidence to his prejudice at the trial, (3) he had at no time been presumed to be innocent, (4) that he had an alibi defense, (5) that he had not signed a waiver of trial by jury, and (6) that his indictment was illegal because it named "John" Gatens rather than "Henry J." Gatens, the relator, it was Held, in the circumstances, that the order of the court below, dismissing the petition without a hearing, should be affirmed.
Argued September 9, 1958.
OPINION PER CURIAM, October 10, 1958:
The order of the court below is affirmed on the opinion of Judge REIMEL as reported in 14 Pa. D. C. 2d 224.