COM. ex rel. MERCER v. BANMILLER


193 Pa.Super. 411 (1960)

Commonwealth ex rel. Mercer, Appellant, v. Banmiller.

Superior Court of Pennsylvania.

November 16, 1960.


Attorney(s) appearing for the Case

Maxwell P. Gorson, for appellant.

William H. Wolf, Jr., Assistant District Attorney, with him Domenick Vitullo, Assistant District Attorney, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.

Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.


OPINION BY WOODSIDE, J., November 16, 1960:

The contentions of the prisoner in this habeas corpus case are of the kind that should be considered only by way of appeal.

In numerous habeas corpus cases, the courts of original jurisdiction and the appellate courts have passed upon the merits of contentions which could have been raised by appeal, and are, therefore, not properly before the courts in habeas corpus actions. This is another such case.

The...

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