Philadelphia County Court of Common Pleas, 1961

Commonwealth ex rel. Garrison v. Myers

Commonwealth ex rel. Garrison v. Myers
Philadelphia County Court of Common Pleas · Decided March 2, 1961 · Guerin
23 Pa. D. & C.2d 519; 1961 Pa. Dist. & Cnty. Dec. LEXIS 363

Counsel

Milton Garrison, in propria persona, for relator., Arlen Specter, Assistant District Attorney, and Paul M. Chalfin, District Attorney, for Commonwealth.

Commonwealth ex rel. Garrison v. Myers

Opinion of the Court

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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