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COMMONWEALTH EX REL. WATTERS v. MYERS. (01/02/62)

January 2, 1962

COMMONWEALTH EX REL. WATTERS, APPELLANT,
v.
MYERS.



Appeal, No. 419, Jan. T., 1961, from order of Court of Common Pleas of Lancaster County, Jan. T., 1961, No. 4, in case of Commonwealth ex rel. Sherman S. Watters v. David N. Myers, Superintendent. Order affirmed.

COUNSEL

Sherman S. Watters, appellant, in propria persona.

Wilson Bucher, Assistant District Attorney, and Alfred C. Alspach, District Attorney, for appellee.

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

Author: Eagen

[ 406 Pa. Page 118]

OPINION BY MR. JUSTICE EAGEN

On September 8, 1958, the defendant plead guilty generally to an indictment charging murder. He was represented by counsel. Testimony was taken before the court en banc on September 18, 1958. He was adjudged guilty of murder in the second degree and sentenced to serve a term of not less than seven years nor more than fourteen years in a state penal or correctional institution to be designated by the Eastern Correctional Diagnostic and Classification Center of the Eastern State Penitentiary. No motion for a new trial was requested, nor was an appeal from the judgment of conviction and sentence filed.

On January 31, 1961, the defendant filed a petition for a writ of habeas corpus. A rule to show cause was granted. Defendant's counsel was afforded the opportunity of arguing the merits of the request. Subsequently, the court dismissed the petition without a hearing. From that order, this appeal followed.

Relator bases his request for the writ upon the following grounds:

First, he says that two on-the-scene witnesses of the crime were willing to testify on his behalf; that they

[ 406 Pa. Page 119]

    were present in the courtroom at the time of trial; that his own counsel refused to call these witnesses to the stand; that when the defendant was personally on the stand giving his testimony, he openly requested the court and the district attorney that these witnesses be ...


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