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COMMONWEALTH EX REL. HAINES v. BANMILLER. (12/30/59)

THE SUPREME COURT OF PENNSYLVANIA


December 30, 1959

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

Appeal, No. 217, Jan. T., 1959, from order of Court of Common Pleas of Cumberland County, May T., 1959, No. 445, in case of Commonwealth ex rel. Percy S. Haines v. William J. Banmiller, Warden. Order affirmed.*fn* Same case in court below: 19 Pa.D. & C.2d 219. Habeas corpus proceeding. Petition for writ dismissed, opinion by SHEELY, P.J. Relator appealed.

COUNSEL

Percy S. Haines, appellant, in propria persona.

Clinton R. Weidner, District Attorney, for appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Mcbride, JJ.

[ 398 Pa. Page 8]

OPINION PER CURIAM

This is the second appeal by the relator within a year and a half from successive orders of the court below dismissing his respective petitions for a writ of habeas corpus.

The former appeal to this court is reported at 393 Pa. 439, 143 A.2d 661. There, we affirmed the order of the court below dismissing the relator's petition, on the opinion of President Judge SHEELY, of the 51st Judicial District, specially presiding, reported in 13 Pa.D. & C.2d 57 et seq.

The relator is confined in the Eastern State Penitentiary in Philadelphia, where he is serving a life sentence for a felonious homicide for which he was convicted of murder in the first degree. The facts attending the killing are fully reported in the above-mentioned opinion of Judge SHEELY in 13 Pa.D. & C.2d 57.

The petition of the relator, which initiated the instant proceeding in the court below, advanced several additional reasons for the granting of the writ sought. These contentions are satisfactorily and adequately disposed of in a further opinion of Judge SHEELY, whereon we affirm.

Disposition

Order affirmed.

PREHIST FOOTNOTES

* : On May 31, 1960 the Supreme Court of the United States denied a petition for a writ of certiorari.

19591230

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