Appeal, No. 228, Jan. T., 1963, from order of Court of Common Pleas No. 3 of Philadelphia County, March T., 1963, No. 3032, in case of Commonwealth ex rel. George Lee Rivers v. David N. Myers, Superintendent. Order affirmed.*fn*
Julian B. P. Brereton, Assistant Defender, with him Herman I. Pollock, Defender, for appellant.
Charles Jay Bogdanoff, Assistant District Attorney, with him Louis F. McCabe and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.
Before Bell, C.j., Musmanno, Jones, Cohen, Eagen, O'brien and Roberts, JJ.
OPINION BY MR. JUSTICE O'BRIEN
On April 17, 1957, the petitioner pleaded guilty to a charge of murder and was found guilty of murder in the first degree by a three judge court en banc. The court sentenced the appellant, along with co-defendants Robert Lee Williams and James Cater, to death in the
electric chair. Appeals were taken to this court and we concluded that the determination of first degree murder was proper; however, for reasons contained in that opinion, we vacated the sentence of death as to the appellant and James Cater and remitted the records for re-sentencing. Commonwealth v. Cater, 396 Pa. 172, 152 A.2d 259 (1959). In the same opinion we affirmed the judgment as to Robert Lee Williams and he was executed October 28, 1959.
The court below then took further testimony and reaffirmed the sentence of death. In a subsequent appeal to this court, we affirmed the sentence of death imposed upon the petitioner and a reargument was denied. Commonwealth v. Cater, 402 Pa. 48, 166 A.2d 44 (1960).
The Supreme Court of the United States denied appellant's petition for certiorari. Cater v. Pennsylvania, 366 U.S. 914 (1961).
The petitioner then filed a petition, in the United States District Court for the Eastern District of Pennsylvania, for a writ of habeas corpus. The writ was denied. The petitioner appealed the denial of the writ to the Court of Appeals which denied the petitioner's right to the writ. The Supreme Court of the United States then denied certiorari. (371 U.S. 841). The petitioner then requested the granting of a writ of habeas corpus by ...