attached a letter from the Prothonotary of the Superior Court of Pennsylvania to the effect that $ 12 must accompany his appeal.
Assuming, without deciding, that defendant has exhausted his state court remedies, we find his petition to be without merit. The state court hearing on the writ of habeas corpus gave him an opportunity to present evidence that his constitutional rights had been violated. In the opinion of the state court, he failed to sustain his burden. The record clearly indicates the correctness of that decision.
Petitioner attached a copy of a letter from Dr. David H. Coffey which sets forth injuries observed by the doctor on examining him. The letter states petitioner told the doctor he received the injuries while in custody of the police. The testimony of a disinterested witness indicates, however, that the injuries were the result of a fall from a wall while petitioner was attempting to escape after the robbery. See Exhibit F, page 30.
But even if petitioner had been beaten to extract the confession, he would not be entitled to the writ, for the confession was not used against him. As stated, he entered a plea of guilty to the second and third counts of the indictment. His plea was not obtained under duress, for he states in his petition that he entered a plea of not guilty before a local justice of the peace. Also petitioner alleges that he was beaten on April 21, 1951. He was sentenced on June 25, 1951, which is over two months after the alleged beating. Thus any duress which might have been used, and we do not find this to be the fact, had ceased before petitioner was taken to court to sign the pleas of guilty.
After an examination of the record in this case, we are of the opinion that this court is not required to examine further into the merits because they have already been decided against petitioner. See Darr v. Burford, 1939, 339 U.S. 200, 215, 70 S. Ct. 587, 94 L. Ed. 761; Com. of Pa. ex rel. Gibbs v. Ashe, D.C.W.D. Pa. 1950, 93 F.Supp. 542; United States ex rel. Lorenzo v. Com. of Pa., D.C.W.D. Pa. 1951, 108 F.Supp. 581, affirmed 1951, 192 F.2d 576.
The rule to show cause is discharged and the petition for writ for habeas corpus is denied.