Opinion
March 14, 1960.
April 13, 1960.
Criminal Law — Practice — Notes of testimony — Failure to take — Absence of request from defendant — Due process.
In the absence of a request from the defendant, failure to have notes of testimony taken at the trial does not constitute a denial of due process or any constitutional right.
Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.
Appeal, No. 39, March T., 1960, from order of Court of Common Pleas of York County, Aug. T., 1959, No. 369, in case of Commonwealth of Pennsylvania ex rel. Roy W. Kittrell v. William J. Banmiller, Warden. Order affirmed.
Habeas corpus.
Order entered discharging rule, opinion by ANDERSON, P.J. Relator appealed.
Roy W. Kittrell, appellant, in propria persona, submitted a brief.
Frank B. Boyle, District Attorney, for appellee.
Argued March 14, 1960.
This is an appeal by Roy W. Kittrell from the order of the Court of Quarter Sessions of York County discharging a rule to show cause why a writ of habeas corpus should not be issued.
The only question raised by the appellant in this appeal is that his constitutional guarantee of due process was violated because stenographic notes of his trial were not taken. In the absence of a request from the defendant, failure to have notes of testimony taken at the trial does not constitute a denial of due process or any constitutional right: Com. ex rel. Koffel v. Myers, 184 Pa. Super. 270, 273, 133 A.2d 570.
Order affirmed.