Appeal, No. 238, Oct. T., 1963, from order of Court of Common Pleas No. 5 of Philadelphia County, March T., 1963, No. 920, in case of Commonwealth ex rel. Eugene Hairston v. David N. Myers, Superintendent. Order affirmed.
Eugene Hairston, appellant, in propria persona.
William H. Wolf Jr. and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
[ 202 Pa. Super. Page 215]
Eugene Hairston has appealed from an order of Court of Common Pleas No. 5 of Philadelphia County dismissing his petition for a writ of habeas corpus. It will be necessary to summarize the factual and procedural background revealed by our examination of the voluminous original record.
On February 26, 1957, at about five o'clock p.m., appellant entered a grocery store in West Philadelphia, a few blocks from his home in the same locality.
[ 202 Pa. Super. Page 216]
The proprietor, Harry Handfinger, was alone at the time. After purchasing a soft drink, appellant suddenly thrust a knife into Handfinger's side, leaped over the counter and threw Handfinger to the floor. Having removed the contents of the cash register, appellant returned to Handfinger, who was lying on the floor bleeding, and demanded more money. Handfinger managed to reach into his pocket and gave over all the cash he had. After receiving this money, appellant stabbed Handfinger again, and fled. As a result of the unprovoked attacks, Handfinger was severely injured and nearly died. On June 28, 1957, appellant, together with Joseph B. Williams, robbed another West Philadelphia grocery store. A gun was used in this holdup, and a considerable sum of money was taken from the victim, Ted Alexander.
Appellant was arrested on July 6, 1957, in Mocksville, North Carolina. He admitted his participation in the Alexander robbery, but insisted that he knew nothing about the knifing and robbery of Handfinger. Shortly after his return to Philadelphia, appellant was placed in a police line-up and was positively identified by Handfinger as the man who had stabbed and robbed him. At a hearing before a magistrate on July 24, 1957, appellant was held for action by the grand jury in both the Alexander and Handfinger cases. At August sessions the grand jury returned three bills of indictment as follows: Bill No. 1051 related to the Alexander case and charged, inter alia, aggravated robbery. Bill No. 1089 charged assault on Handfinger with intent to rob, robbery, and aggravated robbery. Bill No. 1090 charged assault and battery on Handfinger, aggravated assault and battery, and assault with intent to murder.
At appellant's request, the Voluntary Defender Association entered appearance as his counsel on August 27, 1957. On ...