190 Pa. Super. 474 | Pa. Super. Ct. | 1959
Opinion by
Relator, Lonnie Butler, has appealed the dismissal of his petition for writ of habeas corpus without a hearing alleging that he was deprived of due process of law by reason of certain alleged trial error and insufficiency of the evidence to convict him.
Relator did not take the stand and, upon conclusion of the Commonwealth’s case, the trial judge found relator guilty. He was sentenced on the charge of aggravated robbery to a term of not less than ten nor more than twenty years in the Eastern State Penitentiary. No appeal was taken from this sentence.
Subsequently, relator filed a petition for writ of habeas corpus, alleging that the evidence was insufficient to sustain his conviction. This petition was dismissed without a hearing.
It is apparent that relator’s complaint concerns the quantity and quality of the evidence produced to sustain his conviction. He does not challenge the sentence. If a petitioner is legally detained in prison, he is not entitled to a writ of habeas corpus. Before he is entitled to the writ, he must show that he has a right to be discharged. Commonwealth ex rel. Salerno v. Ban-
While a writ of habeas corpus will be granted if it appears that the relator for any reason was actually deprived of due process of law, we are unable to perceive from this record any such violation. Appellant complains about the testimony of both Saunders and Campbell as testimony given by accomplices. In the case of Saunders, however, it appears that he was not an accomplice. While he was charged with the same crime, he was found not guilty previous to giving of testimony in the instant case. An accomplice is a person who knowingly, voluntarily, and with common intent with the principal offender unites in the commission of a crime. In the case of Campbell, while an accomplice, we have held that the uncorroborated testimony of an accomplice may be sufficient to sustain a conviction. Commonwealth v. Darnell, 179 Pa. Superior Ct. 461, 116 A. 2d 310. Here, however, his testimony, at least in part, was corroborated by Saunders. We find no error in this regard.
Based upon the allegation presented to the court below, we agree with the disposition there made.
Order affirmed.