Criminal law — Practice — Habeas corpus — Clerical error in commitment — Necessity of hearing — Allegations providing no basis for writ.
1. A clerical error in the commitment or penitentiary records does not invalidate the sentence of a defendant who has not been prejudiced or entitle him to a release.
2. No hearing on a petition for a writ of habeas corpus is required where the allegations in the petition provide no basis for the issuance of the writ.
3. In a habeas corpus proceeding, in which it appeared admittedly that relator had pleaded guilty to a charge of armed robbery and had been sentenced therefor, and that relator complained that the commitment records showed that the crime for which he had been committed to be robbery, a lesser crime, it was Held that the court below properly dismissed the petition without a hearing.
Submitted April 10, 1957.
OPINION PER CURIAM, June 11, 1957:
This is a habeas corpus proceeding.
Relator complains that he entered a plea of guilty to a charge of armed robbery at No. 59, January Sessions, 1952 (O. T., Allegheny County), and that the commitment records show the crime for which he had been committed to be robbery, a lesser crime. Admittedly his plea and sentence were for armed robbery, and the validity and legality of the sentence are not questioned.
Relator's petition sets forth no reason or facts which would entitle him to a discharge. On the contrary, the allegations established that he is legally detained.
A clerical error in the commitment or penitentiary records does not invalidate his sentence or entitle him to a release. Cf. Com. ex rel. Lieberum v. Lewis, 253 Pa. 175, 178, 98 A. 31. Moreover, he has not been prejudiced.
The court below properly held that no hearing on relator's petition was required as the allegations provided no basis for the issuance of the writ. We affirm the action of the court in dismissing the petition. See Com. ex rel. Comer v. Claudy, 174 Pa. Super. 494, 498, 102 A.2d 227.
OPINION PER CURIAM, June 11, 1957:
Order is affirmed.