UNITED STATES v. MYERS

Misc. No. 2337.

200 F.Supp. 557 (1961)

UNITED STATES of America ex rel. Herman RUCKER v. David N. MYERS, Warden of State Correctional Institution at Graterford, Pennsylvania.

United States District Court E. D. Pennsylvania.

December 20, 1961.


Attorney(s) appearing for the Case

Louis Lipschitz, Philadelphia, Pa., for petitioner.

William H. Wolf, Jr., Asst. Dist. Atty., Arlen Specter, Asst. Dist. Atty., Chief, Appeals Div., Paul M. Chalfin, First Asst. Dist. Atty., James C. Crumlish, Jr., Dist. Atty., Philadelphia, Pa., for respondent.


WOOD, District Judge.

This petition for a writ of habeas corpus presents a single, clear-cut question of constitutional law: Does prior Pennsylvania practice, which permitted the jury in a murder case to consider evidence of the defendant's past criminal convictions under instructions by the Court that such evidence was to be used only in recommending mercy or death, violate the Due Process Clause of the Fourteenth Amendment?

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