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COMMONWEALTH EX REL. KRESS v. RUNDLE (04/18/67)

SUPREME COURT OF PENNSYLVANIA


decided: April 18, 1967.

COMMONWEALTH EX REL. KRESS, APPELLANT,
v.
RUNDLE

Appeal from order of Court of Common Pleas of Adams County, Aug. T., 1965, No. 234, in case of Commonwealth ex rel. Clarence Henry Kress v. A. T. Rundle, Superintendent.

COUNSEL

Clarence Henry Kress, appellant, in propria persona.

Gerald R. Walmer, District Attorney, for appellee.

Bell, C. J., Musmanno, Jones, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Roberts. Mr. Justice Cohen took no part in the consideration or decision of this case.

Author: Roberts

[ 425 Pa. Page 142]

On May 8, 1964, after a trial by jury, Clarence Kress was convicted of murder in the first degree and sentenced to a term of life imprisonment. This is an appeal from the denial after an extensive hearing of Kress's habeas corpus petition in the court below. After a review of the record, we conclude that the able and painstakingly thorough opinion of the late President Judge W. C. Sheely*fn* adequately disposes of all of appellant's non-frivolous contentions.

[ 425 Pa. Page 143]

In his brief on appeal, appellant raises for the first time certain claims not raised in his petition below or during the course of his hearing. As we have said before, this Court will normally not consider such contentions unless they have first been presented to a court below. E.g., Commonwealth ex rel. Banks v. Myers, 423 Pa. 124, 128-29, 222 A.2d 880, 882 (1966).

Order affirmed.

Disposition

Order affirmed.


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