Opinion
Submitted November 15, 1957.
January 6, 1958.
Habeas corpus — Convicted murderer — Dismissal of petition — Propriety.
In this habeas corpus proceeding, in which it appeared that petitioner was serving a life sentence on a conviction for first degree murder and that he had not sought a new trial nor taken any appeal from the judgment of sentence; and that in his petition relator for the first time contended that he was insane, and complained of the admission of evidence of his prior conviction and alleged that his trial counsel was incompetent and the district attorney was unfair, 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. 326, Jan. T., 1957, from order of Court of Common Pleas No. 5 of Philadelphia County, March T., 1957, No. 5765, in case of Commonwealth of Pennsylvania ex rel. Joseph McNeair v. William J. Banmiller, Warden. Order affirmed.
Same case in court below: 10 Pa. D. C.2d 785.
Habeas corpus.
Order entered dismissing petition, order by SLOANE, J. Relator appealed.
Joseph McNeair, appellant, in propria persona.
Juanita Kidd Stout, Assistant District Attorney, and James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
The order of the Court below is affirmed on the Opinion of Judge SLOANE of the Court of Common Pleas No. 7 of Philadelphia County.