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COMMONWEALTH EX REL. KITTRELL v. BANMILLER. (04/13/60)

April 13, 1960

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



Appeal, No. 39, March T., 1960, from order of Court of Common Pleas of York County, Aug. T., 1959, No. 369, in case of Commonwealth of Pennsylvania ex rel. Roy W. Kittrell v. William J. Banmiller, Warden. Order affirmed.

COUNSEL

Roy W. Kittrell, appellant, in propria persona, submitted a brief.

Frank B. Boyle, District Attorney, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

[ 192 Pa. Super. Page 134]

OPINION PER CURIAM

This is an appeal by Roy W. Kittrell from the order of the Court of Quarter Sessions of York County discharging a rule to show cause why a writ of habeas corpus should not be issued.

The only question raised by the appellant in this appeal is that his constitutional guarantee of due process was violated because stenographic notes of his trial were not taken. In the absence of a request from the defendant, failure to have notes of testimony taken at the trial does not constitute a denial of due process or any constitutional right: Com. ex rel. Koffel v. Myers, 184 Pa. Superior Ct. 270, 273, 133 A.2d 570.

Disposition

Order affirmed.

19600413

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