Opinion
January 6, 1958.
Habeas corpus — Convicted murderer — Dismissal of petition — Propriety.
In this habeas corpus proceeding in which it appeared that relator was represented by counsel and entered a plea of guilty to murder whereupon he was adjudged guilty of murder in the first degree and sentenced to life imprisonment and relator did not file any motion for new trial or in arrest of judgment or take any appeal from the judgment of sentence; and that in his petition relator complained that a lunacy commission had not been appointed for him, that his crime was not first degree murder, and that, prior to sentencing him, the court did not give him an opportunity to make a statement, it was Held, in the circumstances, that the petition for a writ of habeas corpus was properly denied.
Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.
Appeal, No. 383, Jan. T., 1957, from order of Court of Common Pleas No. 2 of Philadelphia County, March T., 1957, No. 5768, in case of Commonwealth of Pennsylvania ex rel. Curtis Harris v. William J. Banmiller, Warden. Order affirmed.
Same case in court below: 10 Pa. D. C.2d 525.
Habeas corpus.
Order entered dismissing petition; opinion by HAGAN, J. Relator appealed.
Curtis Harris, appellant, in propria persona.
Juanita Kidd Stout, Assistant District Attorney, and James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney for appellee.
The order denying the relator's petition for a writ of habeas corpus is affirmed on the opinion of Judge HAGAN reported at 10 Pa. D. C.2d 525.
Order affirmed.