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

THE SUPREME COURT OF PENNSYLVANIA


December 30, 1959

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

Appeal, No. 355, Jan. T., 1959, from order of Court of Common Pleas No. 4 of Philadelphia County, June T., 1959, No. 2720, in case of Commonwealth of Pennsylvania ex rel. Anthony Romano v. William J. Banmiller, Warden. Order affirmed. Same case in court below: 19 Pa.D. & C.2d 198. Habeas corpus. Order entered dismissing petition, opinion by KELLEY, J. Relator appealed.

COUNSEL

Anthony Romano, appellant, in propria persona.

Patrick F. Casey and Domenick Vitullo, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.

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

[ 397 Pa. Page 607]

OPINION PER CURIAM

The relator was tried for a felonious homicide committed in the course of a robbery and was convicted by the jury of murder in the first degree with the penalty fixed at life imprisonment. His motion for a new trial was refused and judgment of sentence was entered on the verdict. On appeal to this court, the judgment of sentence was affirmed (Commonwealth v. Romano, 392 Pa. 632, 141 A.2d 597), and the relator was duly committed to the Eastern State Penitentiary in Philadelphia, where he is now confined, for the service of his sentence.

On the relator's petition for a writ of habeas corpus, a rule was granted by the court below on July 31, 1959, calling upon the respondent warden to show cause why the writ should not issue. After a hearing on the petition, the rule was discharged and the petition dismissed by the order which the relator has appealed to this court. The opinion of Judge KELLEY for the court below, reported in 19 Pa.D. & C.2d 198, whereon we affirm, amply supports the lower court's action.

Disposition

Order affirmed.

19591230

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