COM. ex rel. BUTLER v. BANMILLER


398 Pa. 442 (1960)

Commonwealth ex rel. Butler, Appellant, v. Banmiller.

Supreme Court of Pennsylvania.

March 15, 1960.


Attorney(s) appearing for the Case

Hercules Butler, appellant, in propria persona.

John E. Stively, Jr., District Attorney, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.


OPINION PER CURIAM, March 15, 1960:

The appellant was convicted by the verdict of a jury of murder in the first degree and the penalty was fixed at life imprisonment. He filed a petition for a writ of habeas corpus in the Court of Common Pleas of Chester County, praying his discharge contending that he is illegally restrained because he was committed and is confined without due process of law. The writ was denied without hearing. A writ of certiorari issued.

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