Appeal from the Order dated August 5, 1975, of the Court of Common Pleas of Montgomery County, Criminal, at Nos. 4, 4-1, 4-2 of April Term, 1964. No. 17 October Term, 1976.
Stephen P. Gallagher, Philadelphia, for appellant.
Stewart J. Greenleaf, Assistant District Attorney, Willow Grove, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, Norristown, for appellee.
Watkins, President Judge, and Jacobs, Hoffman, Cercone, Price, Van der Voort and Spaeth, JJ.
[ 245 Pa. Super. Page 85]
Appellant contests the lower court's order dismissing his petition filed under the Post Conviction Hearing Act,
[ 245 Pa. Super. Page 86]
Act of January 25, 1966, P.L. (1965) 1580, § 1 (19 P.S. § 1180-1 (Supp.1976-77)) et seq. (PCHA). His case began its sojourn in the judicial system over one decade ago. The docket entries occupy 19 pages of the record. The various volumes of testimony consume 1763 pages. This is the third time that appellant has brought his cause before this court. We affirm the order of the lower court.
On January 16, 1965, appellant was tried before a jury and found guilty on charges of aggravated robbery, burglary, and conspiracy. On November 11, 1965, this court filed an opinion reversing those convictions and granting appellant a new trial. Commonwealth v. Peetros, 206 Pa. Super. 503, 214 A.2d 279 (1965). Appellant's second trial began on September 22, 1969. During the course of that trial, the court granted appellant's motion to allow the jury to view the scene of the crime. A bus was procured to transport the judge, the jury, and the attorneys to the scene. Arrangements were made to transport appellant separately.
On the evening before the proposed excursion, two newspapers published reports of appellant's prior conviction and the reversal he had obtained. Unbeknownst to appellant, instead of travelling to the view site as planned, the judge convened the court to determine the effects of the published accounts. Three of the first four jurors examined admitted to having read the stories. While appellant was still waiting at the scene of the crime, the court granted appellant's counsel's motion for a mistrial.
Appellant's third trial began on December 3, 1969, and resulted in a verdict of guilty on all counts. In his post-trial motions for a new trial and in arrest of judgment, appellant raised the issue of double jeopardy. The motions were denied and appellant appealed to this court, which affirmed the judgments of sentence. Commonwealth v. Peetros, 217 Pa. Super. 841, 270 A.2d 230
[ 245 Pa. Super. Page 87]
(1970). The Supreme Court of Pennsylvania refused an allowance of appeal, 217 Pa. Super. liv (1971), and also refused ...