Opinion
November 14, 1961.
December 14, 1961.
Criminal Law — Practice — Habeas corpus — Indictment — Failure to list all material witnesses — Absence of timely objections.
In a habeas corpus proceeding, in which it appeared that petitioner was convicted and sentenced for burglary, larceny, and receiving stolen property; that petitioner alleged that the indictment under which he was tried listed only the name of the prosecutor and failed to include the names of two material witnesses who appeared and testified at the trial; that the Commonwealth witnesses testified without any objection by counsel for defendant; and that the court below, holding that if failure to list the witnesses constituted error this error was cured by defendant's failure to make timely objections, and that the petition for writ of habeas corpus could not be used as a substitute for an appeal, dismissed the petition; it was Held that the order of the court below should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 292, April T., 1961, from order of Court of Common Pleas of Westmoreland County, July T., 1961, No. 182, in case of Commonwealth ex rel. John W. Ricks v. James F. Maroney, Superintendent. Decree affirmed.
Same case in court below: 25 Pa. D. C. 2d 761.
Habeas corpus.
Order entered denying petition, opinion by O'CONNELL, P.J. Relator appealed.
John W. Ricks, appellant, in propria persona, submitted a brief.
William F. Caruthers, Assistant District Attorney, with him Richard E. McCormick, District Attorney, for appellee.
Argued November 14, 1961.
The decree of the Court of Common Pleas of Westmoreland County is affirmed on the opinion of President Judge JOHN M. O'CONNELL for the court below, reported at 25 Pa. D. C.2d 761.