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COMMONWEALTH EX REL. SINGER v. MYERS (10/27/65)

decided: October 27, 1965.

COMMONWEALTH EX REL. SINGER, APPELLANT,
v.
MYERS



Appeal from order of Court of Common Pleas of Lackawanna County, Nov. T., 1964, No. 823, in case of Commonwealth ex rel. John W. Singer v. David N. Myers, Superintendent.

COUNSEL

John W. Singer, appellant, in propria persona.

James E. O'Brien, Assistant District Attorney, and Joseph J. Cimino, District Attorney, for appellee.

Ervin, P. J., Wright, Watkins, Montgomery, Flood, Jacobs, and Hoffman, JJ. Dissenting Opinion by Hoffman, J. Montgomery, J., joins in this dissenting opinion.

Author: Per Curiam

[ 206 Pa. Super. Page 559]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

Appellant has filed a petition for writ of habeas corpus in which he raises the question of the voluntariness of a written confession under Jackson v. Denno, 378 U.S. 368 (1964).

Appellant was tried by a jury in 1962, and convicted of rape. During the trial, a written confession, signed by him, was admitted into evidence. Appellant's defense counsel objected on the ground that, "It is not sworn to. It's an ex parte statement induced by the police from the defendant. . . ."

Appellant testified at trial that he was badly "beaten up" shortly before his ...


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