COM. EX REL. HAINES v. BANMILLER, 393 Pa. 439 (1958)

143 A.2d 661

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

Supreme Court of Pennsylvania.
June 30, 1958.

Criminal law — Habeas corpus — Convicted murderer — Groundless petition.

In this habeas corpus proceeding in which it appeared that after Judge GARBER entered a support order in open court against the petitioner, he then shot his wife and her two attorneys and the judge, and was subsequently convicted of first degree murder of one attorney who died as a result of his injuries and was sentenced to life imprisonment; that in his petition for a writ of habeas corpus petitioner complained that he was denied before trial an opportunity to examine the charge, subpoena witnesses, and consult counsel and prepare a defense, and was denied the right to appeal because the trial court failed to furnish him with a transcript of the non-support hearing, and was found guilty by a prejudiced jury and was prevented from having a fair trial because the judge was prejudiced and the community feeling was prejudiced; it wa Held, in the light of the evidence, that the petition was without merit and that the court below had properly dismissed it.

Submitted May 26, 1958. Before JONES, C. J., BELL, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

Appeal, No. 257, Jan. T., 1958, from order of Court of Common Pleas of Cumberland County, Sept. T., 1957, No. 404, in case of Commonwealth ex rel. Haines v. Banmiller, Warden. Order affirmed.

Page 440

Same case in court below: 13 Pa. D. C.2d 57.

Habeas corpus proceeding.

Order entered dismissing petition, opinion by SHEELY, P. J., specially presiding. Relator appealed.

Percy S. Haines, appellant, in propria persona.

Clinton R. Weidner, District Attorney, for appellee.

OPINION PER CURIAM, June 30, 1958:

The order of the court below is affirmed on the excellent opinion of President Judge W. C. SHEELY, 51st Judicial District, specially presiding.