Commonwealth ex rel. Simcox v. Johnston

Opinion

Per Curiam,

This is the second appeal to this Court by relator from the dismissal of a petition for writ, of habeas corpus by the Court of Common Pleas of Erie County. On his previous appeal we sustained the order of the court below. Com. ex rel. Simcox v. Johnston, 180 Pa. Superior Ct. 193, 119 A. 2d 812.

Relator’s last petition contains the same averments as were set forth in his previous petition. With one exception they are merely variations of his previous allegations, which were found to be without merit. Relator now contends that he was denied due process of law because he was…