COM. EX REL. BANKS v. CLAUDY, 370 Pa. 190 (1952)

88 A.2d 53

Commonwealth ex rel. Banks, Appellant, v. Claudy.

Supreme Court of Pennsylvania.April 1, 1952.
April 22, 1952.

Criminal law — Final order — Res judicata — Habeas corpus.

Where a petition for a writ of habeas corpus was denied and thereafter the second petition, which was a verbatim copy of the first petition, was filed by the same prisoner, it wa Held that the

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second petition was properly denied.

Argued April 1, 1952. Before DREW, C. J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.

Appeal, No. 1, March T., 1952, from order of Court of Common Pleas of Allegheny County, July T., 1951-B, No. 206, in case of Commonwealth of Pennsylvania ex rel. Virgil Banks, Sr., v. Dr. J. W. Claudy, Warden, Western State Penitentiary. Order affirmed.

Habeas corpus proceeding. Before PATTERSON, P.J.

Order entered denying petition. Relator appealed.

Virgil Banks, Sr., appellant, in propria persona, submitted a brief.

Albert A. Fiok, Assistant District Attorney, with him James F. Malone, Jr., Assistant District Attorney, for appellee.

OPINION PER CURIAM, April 22, 1952:

This is an appeal by the relator, Virgil Banks, Sr., from the denial by the Common Pleas Court of Allegheny County of a petition for writ of habeas corpus. The petition is a verbatim
copy of a petition filed by the same prisoner in this Court on September 15, 1950, at Miscellaneous Docket No. 1728. At that time, a rule to show cause was allowed and was served on the Warden of the Western State Penitentiary, the District Attorney of Huntingdon County (where the case arose), and the Attorney General. An exhaustive answer was filed by the District Attorney, and on November 10, 1950, we denied the writ by an order entered PER CURlAM without opinion. On January 15, 1951, the Supreme Court of the United States denied a petition for a writ of certiorari.

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There is nothing new raised by the present appeal. The order of the court below is affirmed.