Commonwealth ex rel. Curry v. Myers

Opinion by

Wright, J.,

David N. Curry has appealed from an order of Court of Common Pleas No. 5 of Philadelphia County, entered November 4, 1960, dismissing his petition for a writ of habeas corpus. We have reviewed the original trial record, which may relevantly be considered and may not be collaterally impeached. See Commonwealth ex rel. Chaney v. Cavell, 185 Pa. Superior Ct. 82, 138 A. 2d 180. The pertinent facts are as follows:

Appellant and his wife had been separated for some time, the wife living at the home of her parents. It was appellant’s custom to visit his wife at intervals in order…