Opinion
June 12, 1962.
September 13, 1962.
Criminal Law — Practice — Habeas corpus — Allegations of petitioner — Trial without representation by counsel — Failure of victims to testify — Severity of sentences — Information supplied by district attorney to trial judge — Prejudicial remarks of district attorney — Comment of trial judge on defendant's veracity.
In a habeas corpus proceeding, in which it appeared that petitioner was convicted on indictments charging crimes of violence while armed and aggravated robbery, and received a sentence of three and a half to seven years on one indictment, and sentences of four to eight years on each of seven other indictments, the sentences to run consecutively for a total of thirty one and a half to sixty three years; that petitioner, who was tried without representation by counsel, alleged that he was deprived of due process (in spite of all the efforts of the court to protect his rights), that two of the indictments on which judgment of sentence was imposed were void because the victims had not appeared at his trial (although proof of these crimes was established by other eyewitnesses), that the sentences of the court (which were within the maximum prescribed by law) were severe, and were imposed because of information given to the court by the district attorney which was improper and violated all rules of evidence, that the district attorney improperly advised the court (after the verdict had already been recorded) that the petitioner's accomplice had pleaded guilty and had implicated petitioner, that the district attorney by implication tried to connect petitioner with murders that the accomplice was to be tried on and made other prejudicial remarks, and that petitioner was prejudiced by a comment of the trial judge as to his veracity; it was Held, in the circumstances, that the order of the court below dismissing the petition should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 177, Oct. T., 1962, from order of Court of Common Pleas No. 2 of Philadelphia County, June T., 1961, No. 4102, in case of Commonwealth ex rel. Paul D. O'Neill v. William J. Banmiller, Warden. Order affirmed.
Same case in court below: 27 Pa. D. C. 2d 757.
Habeas corpus.
Order entered dismissing petition, opinion by SLOANE, P.J. Relator appealed.
Paul D. O'Neill, appellant, in propria persona.
John F. Hassett and Arlen Specter, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.
Submitted June 12, 1962.
The order of the Court of Common Pleas No. 2 of Philadelphia County is affirmed on the opinion of President Judge JOSEPH SLOANE for the court below, reported at 27 Pa. D. C. 2d 757.