Opinion

Commonwealth ex rel. Brown v. Rundel

  • 31 Pa. D. & C.2d 153
  • 1963 Pa. Dist. & Cnty. Dec. LEXIS 311
Court
Pennsylvania Court of Common Pleas, Philadelphia County
Filed
May 27, 1963
Status
Published
Author
Gleeson
On the bench
Gleeson
Cited by
1 cases
Authority
More cited than 65.9%

The opinion

Gleeson, J.,

In the instant petition for writ of habeas corpus, petitioner complains of certain irregularities in his arrest and trial. Petitioner’s contentions fall into two categories:

1. The sufficiency and credibility of the evidence on which he was convicted, and

2. An illegal arrest resulting in the introduction of illegally obtained evidence at his trial in violation of his rights under the Fourth and Fourteenth Amendments to the United States Constitution.

We believe that neither category is subject to review by writ of habeas corpus. Errors involving the sufficiency and credibility of evidence must be raised by appeal rather than by collateral attack: Commonwealth ex rel. Mitchell v. Myers, 16 D. & C. 2d 253, (1958), affirmed per curiam 188 Pa. Superior Ct. 544 .

Errors involving illegally obtained evidence which is inadmissible under the doctrine of Mapp v. Ohio, 367 U. S. 643 (1961), are likewise not subject to review by writ of habeas corpus: Commonwealth ex rel. Stoner v. Myers, 199 Pa. Superior Ct. 341 (1962).

Having found the petition for writ of habeas corpus without properly reviewable matter, we accordingly discharged the rule and dismissed the petition.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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