COM. EX REL. ADAMS v. BANMILLER, 391 Pa. 140 (1958)

137 A.2d 508

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

Supreme Court of Pennsylvania.Submitted November 19, 1957.
January 6, 1958.

Habeas corpus — Convicted murderer — Dismissal of petition — Propriety.

In this habeas corpus proceeding in which it appeared that the relator had been found guilty of murder in the first degree and sentenced to life imprisonment and that no motion for new trial was filed, and that all contentions made in the relator’s petition were matters which should have been raised earlier in other proceedings, it was Held, in the circumstances, that the court below had properly dismissed the petition.

Before JONES, C. J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

Appeal, No. 75, Jan. T., 1958, from order of Court of Common Pleas of Delaware County, June T., 1957, No. 1156 in case of Commonwealth of Pennsylvania ex rel. Woodie Adams v. William J. Banmiller, Warden. Order affirmed.

Same case in court below: 11 Pa. D. C.2d 65.

Habeas corpus.

Order entered refusing petition, opinion by TOAL, J. Relator appealed.

Woodie Adams, appellant, in propria persona.

Ernest L. Green, Assistant District Attorney, and J. Harold Hughes, First Assistant District Attorney, and Raymond R. Start, District Attorney, for appellee.

OPINION PER CURIAM, January 6, 1958:

The order dismissing the appellant’s petition for a writ of habeas corpus is affirmed on the opinion of Judge TOAL for the court below, which fully and satisfactorily

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answers the reasons advanced by the appellant in support of his petition.

Order affirmed.