Commonwealth ex rel. Garrison v. Myers

Philadelphia County Court of Common Pleas

Commonwealth ex rel. Garrison v. Myers

23 Pa. D. & C.2d 519, 1961 Pa. Dist. & Cnty. Dec. LEXIS 363

Pennsylvania Court of Common Pleas, Philadelphia County·Decided March 2, 1961·No. No. 3; no. 2534·Published·Cited by 1 cases

Opinion

Guerin, J.,

The bases of relator’s petition for a writ of habeas corpus are that his sentence was too severe; that his lawyer incompetently conducted his defense, and that he did not receive a fair and impartial trial. All of these reasons might have been assigned upon a motion for a new trial, which was not filed. They may not be urged in an application for a writ of habeas corpus which cannot be made the substitute for normal appellate review: Commonwealth ex rel. Lewis v. Ashe, 335 Pa. 575; Commonwealth ex rel. Sullivan v. Ashe, 325 Pa. 305, 310; Commonwealth ex rel. Helwig v. Maroney, 194 Pa. Superior Ct. 16.

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Guerin, J.,

The bases of relator’s petition for a writ of habeas corpus are that his sentence was too severe; that his lawyer incompetently conducted his defense, and that he did not receive a fair and impartial trial. All of these reasons might have been assigned upon a motion for a new trial, which was not filed. They may not be urged in an application for a writ of habeas corpus which cannot be made the substitute for normal appellate review: Commonwealth ex rel. Lewis v. Ashe, 335 Pa. 575; Commonwealth ex rel. Sullivan v. Ashe, 325 Pa. 305, 310; Commonwealth ex rel. Helwig v. Maroney, 194 Pa. Superior Ct. 16.

Commonwealth ex rel. Garrison v. Myers, 23 Pa. D. & C.2d 519, 1961 Pa. Dist. & Cnty. Dec. LEXIS 363 (Pa. Super. Ct. 1961).

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Opinion

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