Opinion
November 15, 1962.
December 12, 1962.
Criminal Law — Practice — Habeas corpus — Allegations of Petitioner — Confession induced by coercion, actual and psychological — Trial judge manifesting personal belief in defendant's guilt — Prevention of defendant from appealing — Denial of due process.
In a habeas corpus proceeding, in which it appeared that petitioner and another were convicted and sentenced on indictments charging armed robbery, felonious assault and battery, attempted felonious assault and battery, and violation of the Firearms Act; that petitioner alleged that confessions obtained from him and the co-defendant were secured by coercion, both actual and psychological, that the trial judge, in the conduct of the trial and in his charge to the jury, so clearly manifested his personal belief in defendant's guilt as to deprive him of a fair trial, that the trial judge interfered with and prevented defendant from appealing his sentence, and that these violations of his rights constituted denial of due process of law; and that the court below, after considering each of defendant's contentions, held that they were without merit and dismissed the petition; it was Held that the order of the court below should be affirmed.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeal, No. 210, April T., 1962, from order of Court of Common Pleas of Allegheny County, July T., 1961, No. 2464, in case of Commonwealth ex rel. Edward J. Kern v. William J. Banmiller, Warden. Order affirmed.
Same case in court below: 28 Pa. D. C. 2d 607.
Habeas corpus.
Order entered dismissing appeal, opinion by GRAFF, P.J., specially presiding. Relator appealed.
Edward J. Kern, appellant, in propria persona. Edward E. Fagan, Louis Abromson, and William Claney Smith, Assistant District Attorneys, and Edward C. Boyle, District Attorney, for appellee.
Submitted November 15, 1962.
The order of the court below refusing the writ is affirmed on the opinion of President Judge J. FRANK GRAFF, specially presiding, reported in 28 Pa. D. C. 2d 607.