Superior Court of Pennsylvania March 17, 1964, Appeal, No. 259 (Commonwealth ex rel. Chatary v. Nailon)

Opinion by

Rhodes, P. J.,

This is an appeal from an order of the Court of Common Pleas of Montgomery County dismissing relator’s petition for a writ of habeas corpus after hearing.

The question raised is whether habeas corpus may be used to contradict the record and establish that the crime was not committed in the county where the conviction took place. See Com. ex rel. Ritchey v. McHugh, 189 Pa.