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COMMONWEALTH EX REL. DARCY v. CLAUDY (04/10/51)

April 10, 1951

COMMONWEALTH EX REL. DARCY
v.
CLAUDY



Original jurisdiction. No. 431, Miscellaneous Docket, No. 9, petition for writ of habeas corpus in case of Commonwealth of Pennsylvania ex rel. David Darcy v. Dr. John W. Claudy, Warden, Western State Penitentiary. Petition denied.

COUNSEL

Charles J. Margiotti, J. Dress Pannell and Morton Witkin, for relator.

[ 367 Pa. Page 131]

OPINION PER CURIAM

David Darcy was indicted with three others for the unlawful killing of William Kelly on December 22, 1947. A jury found him guilty of murder in the first degree and fixed the penalty at death. The Court of Oyer and Terminer of Bucks County, in which county the murder occurred and the case was tried, affirmed the conviction.

Darcy appealed to the Supreme Court of Pennsylvania and was represented at the argument by his trial lawyer and by two other counsel. The principal ground urged for a new trial was that, for certain reasons then presented, he had been denied due process of law in violation of the 14th Amendment. On May 26, 1949 the conviction and sentence were affirmed in

[ 367 Pa. Page 132]

    an opinion by the late Chief Justice MAXEY (362 Pa. 259, 66 A.2d 663).

A petition was then presented to the Supreme Court of the United States for a writ of certiorari, which was denied on October 24, 1949 (338 U.S. 862, No. 96 Misc.).

On August 1, 1949 a petition was filed in the Supreme Court of Pennsylvania for a writ of habeas corpus, again on the ground that, for other reasons then stated, the relator had been denied due process of law in violation of the 14th Amendment. On August 12, 1949 the writ was refused.

A petition was again presented to the Supreme Court of the United States for a writ of certiorari, which was denied also on October 24, 1949 (338 U.S. 862, No. 102 Misc.).

A petition was then presented to the Board of Pardons of the Commonwealth of Pennsylvania for commutation of the sentence to life imprisonment. On March 21, 1951 the petition was refused. On March 31, 1951 a request for rehearing was likewise refused.

On April 2, 1951 a petition was presented to the Supreme Court of Pennsylvania for reargument of the motion for a new trial which had been heard and decided by the Court two years previously. The petition was denied.

On April 3, 1951 a petition for a writ of habeas corpus was filed in the United States District Court for the ...


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