Opinion
Submitted January 6, 1960.
March 15, 1960.
Criminal law — Practice — Habeas corpus — Petition — Sufficiency.
In this habeas corpus proceeding in which it appeared that petitioner was serving a sentence of life imprisonment for first degree murder, it was Held that there was no merit in the petition and that the court below had properly denied it without a hearing, and had properly decided that the questions of fact raised in the petition had been determined adversely to petitioner at his trial.
Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.
Appeal, No. 37, Jan. T., 1960, from order of Court of Common Pleas of Chester County, 1959, Misc. No. 11564, in case of Commonwealth of Pennsylvania ex rel. Hercules Butler v. William J. Banmiller, Warden. Order affirmed.
Same case in court below: 20 Pa. D. C.2d 267.
Habeas corpus.
Order entered denying writ, opinion by HARVEY, P. J. Relator appealed.
Hercules Butler, appellant, in propria persona.
John E. Stively, Jr., District Attorney, for appellee.
The appellant was convicted by the verdict of a jury of murder in the first degree and the penalty was fixed at life imprisonment. He filed a petition for a writ of habeas corpus in the Court of Common Pleas of Chester County, praying his discharge contending that he is illegally restrained because he was committed and is confined without due process of law. The writ was denied without hearing. A writ of certiorari issued.
We have studied carefully the record of the entire proceedings in the court below and each of the assignments of error submitted in regard thereto. We are of the unanimous conclusion that every contention of the defendant is completely and correctly answered in the formal opinion of the court disposing of the petition. In addition, we are satisfied that the appellant had a fair trial, and that none of his constitutional rights were violated at any stage of the proceedings.
Therefore, the order of the court is affirmed on the opinion of President Judge HARVEY.