Com. ex rel. Jones v. Day
Citation | 121 A.2d 896,181 Pa.Super. 37 |
Parties | COMMONWEALTH ex rel. James JONES, Appellant, v. Charles G. DAY, Warden, Eastern State Penitentiary. |
Decision Date | 11 April 1956 |
Court | Superior Court of Pennsylvania |
No brief nor appearance for appellant.
Christopher F. Edley, Asst. Dist. Atty., James N. Lafferty, Deputy Dist. Atty., Victor H. Blanc, Dist. Atty., Philadelphia, for appellee.
Before RHODES, P. J., and HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and CARR, JJ.
Relator's petition for writ of habeas corpus was desmissed by the Court of Common Pleas No. 3 of Philadelphia County. On appeal from the order of the court below, relator avers that he was denied due process of law because the trial judge considered a written statement made by one of relator's accomplices who was being tried jointly with him. The trial was before Honorable Charles Klein in the Court of Oyer and Terminer of Philadelphia County, sitting without a jury, on bill of indictment No. 1056, April Term, 1954, charging relator and two accomplices with armed robbery. He was sentenced on December 10, 1954, and his sentence was to be effective as of April 14, 1954.
There is no merit in relator's contention, and the record in the trial court does not support his assertion that the statement or confession of one of his co-defendants was improperly considered against relator by the trial judge. Moreover, if relator was of the opinion that the trial judge erred in admitting the alleged statement in evidence, the proper remedy would have been by appeal. At his trial relator was represented by counsel as shown by the trial record. As we said in Commonwealth ex rel. Sharpe v. Burke, 174 Pa.Super. 350, 354, 101 A.2d 397, 399:
Commonwealth ex rel. Gaito v. Claudy, 172 Pa.Super. 242, 244, 94 A.2d 107, 108.
Order of the court below is affirmed.
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Com. ex rel. Woodson v. Myers
...errors or as an appeal from such errors. Commonwealth ex rel. Dandy v. Banmiller, 394 Pa. 294, 147 A.2d 372; Commonwealth ex rel. Jones v. Day, 181 Pa.Super. 37, 121 A.2d 896. Neither may it be used to review the sufficiency of the evidence. Commonwealth ex rel. Jones v. Day, supra; Commonw......
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Com. ex rel. Woodson v. Myers
......Salerno v. Banmiller, 189. Pa.Super. 156, 149 A.2d 501. A writ of habeas corpus cannot. be utilized as a substitute for correction of trial errors or. as an appeal from such errors. Commonwealth ex rel. Dandy. v. Banmiller, 394 Pa. 294, 147 A.2d 372;. Commonwealth ex rel. Jones v. Day, 181 Pa.Super. 37,. 121 A.2d 896. Neither may it be used to review the. sufficiency of the evidence. Commonwealth ex rel. Jones v. Day, supra; Commonwealth ex rel. Jackson v. Day, 179. Pa.Super. 566, 118 A.2d 289.'. . . Moreover, we. have examined the record of relator's ......