Habeas Corpus — Some Allegations In Petition Which Do Not Show Denial of Constitutional Rights — May Not Be Used To Serve Purpose Of Appeal.
None of the following allegations in a petition for habeas corpus is sufficient to establish a denial of constitutional rights, conviction on perjured testimony, lack of witnesses, conviction on circumstantial evidence plus past record, innocence, mistaken identity. p. 723
An application for habeas corpus may not be made to serve the purpose of an appeal. p. 723
Decided October 5, 1949.
PER CURIAM.
This is an application for leave to appeal from the denial of a writ of habeas corpus. Petitioner was charged with robbery and counsel was appointed to represent him. He elected a trial by jury, was found guilty and given an indeterminate sentence not to exceed five years. He complains that he was convicted on perjured testimony, that he lacked witnesses who were not available at the time of trial, that he was convicted on circumstantial evidence plus his past record, that he was innocent and that it was a case of "mistaken identity". None of these allegations is sufficient to establish a denial of constitutional rights. As we have repeatedly said, an application for habeas corpus may not be made to serve the purpose of an appeal.
Application denied, without costs.