Commonwealth ex rel. Mercer v. Banmiller

Opinion by

Woodside, J.,

The contentions of the prisoner in this habeas corpus case are of the kind that should be considered only by way of appeal.

In numerous habeas corpus cases, the courts of original jurisdiction and the appellate courts have passed upon the merits of contentions which could have been raised by appeal, and are, therefore, not properly before the courts in habeas corpus actions. This is another such case.

The prisoner contends in this case that the sentencing court abused its discretion in refusing to permit him to withdraw the pleas of guilty to the indictments upon which he…