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COMMONWEALTH EX REL. BUTLER v. BANMILLER. (03/15/60)

THE SUPREME COURT OF PENNSYLVANIA


March 15, 1960

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

Appeal, No. 37, Jan. T., 1960, from order of Court of Common Pleas of Chester County, 1959, Misc. No. 11564, in case of Commonwealth of Pennsylvania ex rel. Hercules Butler v. William J. Banmiller, Warden. Order affirmed. Same case in court below: 20 Pa.D. & C.2d 267. Habeas corpus. Order entered denying writ, opinion by HARVEY, P.J. Relator appealed.

COUNSEL

Hercules Butler, appellant, in propria persona.

John E. Stively, Jr., District Attorney, for appellee.

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

[ 398 Pa. Page 442]

OPINION PER CURIAM

The appellant was convicted by the verdict of a jury of murder in the first degree and the penalty was fixed at life imprisonment. He filed a petition for a writ of habeas corpus in the Court of Common Pleas of Chester County, praying his discharge contending that he is illegally restrained because he was committed and is confined without due process of law. The writ was denied without hearing. A writ of certiorari issued.

[ 398 Pa. Page 443]

We have studied carefully the record of the entire proceedings in the court below and each of the assignments of error submitted in regard thereto. We are of the unanimous conclusion that every contention of the defendant is completely and correctly answered in the formal opinion of the court disposing of the petition. In addition, we are satisfied that the appellant had a fair trial, and that none of his constitutional rights were violated at any stage of the proceedings.

Disposition

Therefore, the order of the court is affirmed on the opinion of President Judge HARVEY.

19600315

© 1998 VersusLaw Inc.



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