16 A.2d 433 | Pa. Super. Ct. | 1940
This petition for writ of habeas corpus, in its essential averments, is only a presentation to this court of the same matters which were urged by the relator upon the Supreme Court by petition for his discharge under writ of habeas corpus filed May 26, 1939 to 1039 Miscellaneous Docket, and dismissed by order filed July 3, 1939 (
It further appears that the relator, following the entry of said order, applied to the Supreme Court of the United States for a writ of certiorari to review said order, upon which that Court, on October 23, 1939, made the following order (see
When a petition for writ of habeas corpus has been considered and refused by the Supreme Court of this Commonwealth, and a writ of certiorari to such order has been refused by the Supreme Court of the United States, this Court will not further review or consider the matters so passed upon and decided.
The petition is dismissed without prejudice, etc. as above stated.