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COMMONWEALTH EX REL. ARCHAMBAULT v. RUSSELL (03/22/66)

SUPREME COURT OF PENNSYLVANIA


decided: March 22, 1966.

COMMONWEALTH EX REL. ARCHAMBAULT, APPELLANT,
v.
RUSSELL

Appeal from order of Court of Common Pleas No. 8 of Philadelphia County, March T., 1965, No. 2733, in case of Commonwealth ex rel. Leonard E. Archambault v. Harry E. Russell, Superintendent.

COUNSEL

Leonard E. Archambault, appellant, in propria persona.

Ronald M. McCaskill and Joseph M. Smith, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

Bell, C. J., Musmanno, Jones, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Eagen.

Author: Eagen

[ 421 Pa. Page 34]

This is an appeal from an order below dismissing an action in habeas corpus without hearing. Appellant is confined under a sentence of life imprisonment entered in accordance with a jury's verdict following his trial and conviction of first degree murder.

Appellant now complains that his conviction was secured by the admission at trial of constitutionally invalid evidence, namely, a written confession given by him to the police following his arrest. It is asserted that the confession was coerced, and secured during an interrogation when he was without the assistance of counsel despite his request for it, and without any prior warning being given of his right to such assistance or of his right to remain silent.

An examination of the trial record discloses that the confession was admitted in evidence without challenge

[ 421 Pa. Page 35]

    as to its voluntariness or constitutional validity. Further, no post trial motions were filed nor appeal entered from the judgment of sentence. Under such circumstances, the admission of the questioned evidence may not now be successfully asserted as the basis for the issuance of a writ of habeas corpus. See, Commonwealth ex rel. Knowles v. Rundle, 419 Pa. 300, 213 A.2d 635 (1965); Commonwealth ex rel. Blackshear v. Myers, 419 Pa. 151, 213 A.2d 378 (1965); and, Commonwealth v. Negri, 419 Pa. 117, 213 A.2d 670 (1965).

Order affirmed.

Disposition

Order affirmed.

19660322

© 1998 VersusLaw Inc.



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