Summary
finding waiver of claims raised by habeas corpus petitioner for first time on appeal
Summary of this case from Commonwealth v. BlackwellOpinion
Submitted January 4, 1967.
April 18, 1967.
Appeals — Review — Scope — Habeas corpus proceeding.
The Supreme Court will not consider for the first time on appeal from the denial of a habeas corpus petition an issue not presented to the court below.
Mr. Justice COHEN took no part in the consideration or decision of this case.
Before BELL, C. J., MUSMANNO, JONES, EAGEN, O'BRIEN and ROBERTS, JJ.
Appeal, No. 3, Jan. T., 1967, from order of Court of Common Pleas of Adams County, Aug. T., 1965, No. 234, in case of Commonwealth ex rel. Clarence Henry Kress v. A. T. Rundle, Superintendent. Order affirmed.
Habeas corpus.
Petition dismissed after hearing before SHEELY, P. J. Relator appealed.
Clarence Henry Kress, appellant, in propria persona.
Gerald R. Walmer, District Attorney, for appellee.
On May 8, 1964, after a trial by jury, Clarence Kress was convicted of murder in the first degree and sentenced to a term of life imprisonment. This is an appeal from the denial after an extensive hearing of Kress's habeas corpus petition in the court below. After a review of the record, we conclude that the able and painstakingly thorough opinion of the late President Judge W. C. SHEELY adequately disposes of all of appellant's non-frivolous contentions.
Reported at 7 Adams County L.J. 171 (1966).
In his brief on appeal, appellant raises for the first time certain claims not raised in his petition below or during the course of his hearing. As we have said before, this Court will normally not consider such contentions unless they have first been presented to a court below. E.g., Commonwealth ex rel. Banks v. Myers, 423 Pa. 124, 128-29, 222 A.2d 880, 882 (1966).
Order affirmed.
Mr. Justice COHEN took no part in the consideration or decision of this case.