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COMMONWEALTH EX REL. CORBIN v. BANMILLER. (01/16/58)

January 16, 1958

COMMONWEALTH EX REL. CORBIN, APPELLANT,
v.
BANMILLER.



Appeal, No. 3, May T., 1958, from order of Court of Common Pleas of York County, April T., 1957, No. 274, in the case of Commonwealth of Pennsylvania ex rel. Robert Corbin v. William J. Banmiller, Warden. Order affirmed*fn*

COUNSEL

Robert Corbin, appellant, in propria persona.

George W. Atkins, District Attorney, for appellee.

Before Jones, C.j., Bell, Chidsey, Musmanno, Arnold, Jones and Cohen, JJ.

Author: Chidsey

[ 391 Pa. Page 265]

OPINION BY MR. JUSTICE CHIDSEY

This appeal from the dismissal of appellant's petition for a writ of habeas corpus in the court below is

[ 391 Pa. Page 266]

    filed by a prisoner serving a life sentence at the Eastern State Penitentiary.

Appellant was convicted of murder in the first degree and his sentence was fixed aat life imprisonment by the jury on January 5, 1951. Motions for new trial and in arrest of judgment were filed by appellant's counsel three days later. On June 11, 1951, these motions were overruled, and no appeal was taken therefrom. Sentencing followed two weeks later.

On August 21, 1956 appellant filed a petition for a writ of habeas corpus. A hearing was held on September 11, 1956, at which appellant appeared with counsel, and on that day an opinion and order were rendered dismissing the petition. An appeal to this Court was taken from that order on February 14, 1957, and on March 4, 1957 the appeal was ordered quashed because it was taken out of time. Meanwhile a writ of error coram nobis had been filed by appellant on August 9, 1956 and dismissed by an order of the court below entered October 30, 1956.

On March 21, 1957, the present petition for a writ of habeas corpus was filed, and on the same date the petition was dismissed because the questions raised therein were precisely the same questions raised in the earlier petition filed August 21, 1956 and dismissed September 11, 1956, and because they were again raised and dismissed on the writ of error coram nobis dismissed October 30, 1956.

Appellant in this petition filed a "Statement of Questions Involved" setting forth three allegations. The first of these reads: "1. Relator, alleges that he and co-defendant was illegally interrogated for approximately four months, that they were subjected to cruel and unusual punishment, as well as mental torture." In the prior ...


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