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COMMONWEALTH EX REL. HART v. MARONEY (03/14/67)

decided: March 14, 1967.

COMMONWEALTH EX REL. HART, APPELLANT,
v.
MARONEY



Appeal from order of Court of Common Pleas of Allegheny County, July T., 1965, No. 1029, in case of Commonwealth ex rel. John L. Hart v. Robert W. Duggan, District Attorney, and James F. Maroney, Superintendent.

COUNSEL

Thomas L. Cooper, with him McArdle, Harrington, Feeney & McLaughlin, for appellant.

Edwin J. Martin, Assistant District Attorney, with him Charles B. Watkins, Assistant District Attorney, and Robert W. Duggan, District Attorney, for appellees.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ.

Author: Per Curiam

[ 424 Pa. Page 286]

On April 1, 1960, the appellant, John L. Hart, was convicted by a jury of murder in the first degree. After sentence was imposed, an appeal was filed in this Court, and we affirmed the judgment, 403 Pa. 652, 170 A.2d 850 (1961).

In April 1965, Hart instituted an action in habeas corpus which was dismissed by the trial court after hearing. An appeal from that order is now before us.

The only reason assigned in support of the present action is that evidence of certain statements made by Hart to an assistant district attorney was erroneously admitted at trial. This identical question was also raised in Hart's direct appeal from the judgment and was adjudicated against him. See, 403 Pa. 652, at 663.

[ 424 Pa. Page 287]

We will not reconsider the question in this collateral proceeding. Compare, Commonwealth ex rel. Davis v. Russell, 422 Pa. 223, 220 A.2d 858 (1966).

Order affirmed.

Disposit ...


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