180 Pa. Super. 228 | Pa. Super. Ct. | 1956
Opinion by
This is the third habeas corpus proceeding brought by this relator questioning the legality of his commitment to the Western State Penitentiary under the same sentences. Following a denial of his petition for the writ by the Supreme Court in Commonwealth ex rel. Paylor v. Claudy, 366 Pa. 282, 77 A. 2d 350, he applied
The relator was tried and convicted in the Court of Oyer and Terminer of Allegheny County upon three bills of indictments. The charges of the three Bills and the sentences imposed, following relator’s conviction on each of them, are set forth in our prior opinion in 173 Pa. Superior Ct. 338, supra. We need not repeat the recital here. In relator’s present petition he complains that he was prejudiced by the consolidation of' the charges of the three bills for trial before the same jury. And he contends that his sentence on Bill No. 2, June Sessions, 1944, charging robbery with aggravating circumstances was excessive. As to these complaints (which were involved in the prior habeas corpus proceeding but were not argued in the above appeal in that case) it is enough to say that an objection to the consolidation of the Bills for trial cannot be raised on habeas corpus, Com. ex rel. Haines v. Burke, 173 Pa. Superior Ct. 477, 98 A. 2d 208; and the sentence, on the conviction of the kind of robbery defined by §705 of the Penal Code of June 24, 1939, P. L. 872, 18 PS §4705, of from 10 to 20 years imprisonment was proper. He was not charged nor convicted of robbery as defined by §704 of the Code, 18 PS §4704, which carried with it a lesser penalty of a maximum term of imprisonment of but 10 years.
Belator’s final contention is the only new ground alleged. But the bald statement in his petition “that
Order affirmed.