Judgments — Prior adjudication — Dismissal of petition for writ of habeas corpus — Identity of facts and issues — Appeals.
An appeal from the refusal of a petition for a writ of habeas corpus was dismissed where it appeared that the matter had been adjudicated by the appellate court in an appeal from the dismissal of a prior petition, and that the facts and the issues were the same in both proceedings.
Argued November 16, 1951.
PER CURIAM, January 17, 1952:
This is the second time relator has petitioned the Court of Common Pleas of Allegheny County for a discharge on a writ of habeas corpus; and this is the second appeal to this Court from the dismissal of his petition. The facts and the issues are the same in both proceedings. The matter having been adjudicated by this Court in the prior appeal, Com. ex rel. Collins v. Ashe, 159 Pa. Super. 553, 49 A.2d 265, allocatur refused by the Supreme Court of Pennsylvania, 159 Pa. Super. xxiv, the present appeal will be dismissed. See Com. ex rel. Orlando v. Smith, 346 Pa. 42, 30 A.2d 534; Com. ex rel. Lieberman v. Burke, 158 Pa. Super. 207, 44 A.2d 597; Com. ex rel. Lewis v. Ashe, 142 Pa. Super. 357, 16 A.2d 433.
See United States ex rel. Collins v. Ashe, Warden, D.C., 74 F. Supp. 987, 3 Cir., 175 F.2d 555; D.C., 80 F. Supp. 914, 3 Cir., 176 F.2d 606; D.C., 90 F. Supp. 463.
Appeal is dismissed.