appellate courts an opportunity to pass upon the questions. See United States ex rel. Mancini v. Rundle, 219 F.Supp. 549, 554 (E.D.Pa., 1963). Relator in the present case has not raised the constitutional question to any state court.
Relator cannot be heard to call into question the sufficiency of the evidence presented to the grand jury. See Costello v. United States, 350 U.S. 359, 76 S. Ct. 406, 100 L. Ed. 397 (1955).
Even in the review of federal grand jury actions there is a strong presumption of validity of the proceedings. See, e.g., United States v. Nunan, 236 F.2d 576, 594 (C.A. 2, 1956). Here we must presume that the Commonwealth presented pertinent evidence to the grand jury similar to that elicited at the Medical Examiner's hearing. That evidence was sufficient to hold relator in custody. Under these circumstances, for a federal court on habeas corpus to inquire into the sufficiency of the evidence in the traditionally secret proceedings of a state grand jury would be a totally unwarranted incursion of federalism into state criminal practice.
Disparity in Facts -- Lack of Knowledge of Alleged Crime
Next, relator complains that the testimony of the witnesses at the Medical Examiner's hearing and before the grand jury related a different set of facts from the testimony at the state habeas corpus hearing on July 28, 1964. Relator also contends he has not been informed of the nature and cause of the accusations against him.
The indictment informs relator of the nature of the crime of which he is accused -- murder with malice aforethought of Judith Lopinson and Joseph Malito in Philadelphia County on June 19, 1964. Perhaps the Commonwealth has not committed itself to the evidence which it will present dealing with the manner in which the crime was committed. This commitment is not required. Further, we reiterate what we said in relation to the questions to discovery and bill of particulars: questions of this sort are questions of fair trial. Relator has not been tried. Only the grounds for his present detention may be attacked on habeas corpus.
State Habeas Corpus Hearing
Relator alleges he was required against his will to go ahead with a habeas corpus hearing in the Court of Common Pleas No. 2 of Philadelphia without counsel after having withdrawn his petition. If the relator had raised in the state court and here meritorious constitutional questions, and if on those questions the state had denied him a full and fair hearing, we would be required to hear the matter de novo. Townsend v. Sain, 372 U.S. 293, 83 S. Ct. 745, 9 L. Ed. 2d 770 (1963). However, where, as here, the relator's grounds are not of constitutional stature, any unfairness of the state hearing on those grounds becomes academic and furnishes no ground for issuing the writ.
For the foregoing reasons, the writ will be denied.
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