Opinion
October 4, 1957.
November 12, 1957.
Criminal law — Practice — Habeas corpus — Dissatisfaction with trial counsel — Failure of trial judge to ask why sentence should not be imposed — Alleged brutal treatment by police — Notes of testimony — Failure of defendant to request presence during swearing of jury — Dismissal of petition without hearing — Presumption of regularity of proceedings.
1. In a habeas corpus proceeding, in which it appeared that relator, who had been convicted and sentenced on indictments charging him with carrying a concealed deadly weapon and with armed robbery, complained that his trial counsel had not properly conducted the defense, that he had not been asked by the trial judge why sentence should not be imposed, that he was brutally treated by the police, that he was not given a copy of the notes of testimony, that he was not present when the jury was sworn, and that his petition for writ of habeas corpus was dismissed without a hearing; and that the court below found, upon examination of the record, that there was no basis for relator's dissatisfaction with his counsel's performance, that his alleged brutal treatment by the police had not resulted in a confession on his part, and that relator had not set forth specific facts from which it could be concluded that he had properly asked for and had been refused a copy of the notes; it was Held that the order of the court below dismissing the petition should be affirmed.
2. Where the petition itself or where the record upon which it is based or both together fail to clearly make out a case entitling a relator to the relief afforded by habeas corpus, a hearing is not necessary.
3. There is a presumption of regularity of the proceedings resulting in conviction.
4. The trial judge is not required before passing sentence in a noncapital case to ask the defendant why sentence should not be imposed.
Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.
Appeal, No. 276, Oct. T., 1957, from order of Court of Quarter Sessions of Philadelphia County, March T., 1957, No. 7782, in case of Commonwealth ex rel. John Alexander v. William J. Banmiller, Warden. Order affirmed.
Habeas corpus.
Order entered dismissing petition, opinion by HAGAN, J. Relator appealed.
John Alexander, appellant, in propria persona.
Juanita Kidd Stout, Assistant District Attorney, James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Submitted October 4, 1957.
The order of the court below is affirmed on the opinion of Judge HAGAN, as reported in 9 Pa. D. C. 2d 770.