COMM. EX REL. HAINES v. BANMILLER (NO. 2)

No. 455.

19 Pa. D. & C. 2d 219 (1959)

Commonwealth ex rel. Haines v. Banmiller (No. 2)

Common Pleas Court of Cumberland County, Pennsylvania.

March 25, 1959.


Attorney(s) appearing for the Case

Percy S. Haines, relator, p.p.

Clinton R. Weidner, District Attorney, for Commonwealth.


SHEELY, P. J., specially presiding, March 25, 1959.

Petitioner has filed a second petition for a writ of habeas corpus contending that his constitutional rights were violated at the trial at which he was convicted of murder in the first degree with life imprisonment because his wife was permitted to testify at his trial in violation of the statute making her incompetent to testify against him: Evidence Act of May 23, 1887, P. L. 158, as amended 19 PS §683.

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