Opinion
Submitted January 5, 1960.
March 15, 1960.
Criminal law — Practice — Habeas corpus — Prisoner serving jail sentence — Case without merit.
An application for a writ of habeas corpus filed by a person who is serving a jail sentence should be denied where the record shows that he had a fair and impartial trial and that none of his constitutional rights was violated in his arrest, custody, trial, conviction or sentence for the crime wherewith he was charged.
Before JONES, C. J., BELL, MUSMANNO, JONES, COHEN, BOK and EAGEN, JJ.
Appeal, No. 35, Jan. T., 1960, from order of Court of Common Pleas of Delaware County, June T., 1959, No. 960, in case of Commonwealth ex rel. Jerold E. Richardson v. William J. Banmiller, Warden. Order affirmed.
Habeas corpus. Before TOAL, J.
Order entered dismissing petition. Relator appealed.
Jerold E. Richardson, appellant, in propria persona.
Ernest L. Green, Assistant District Attorney, J. Harold Hughes, First Assistant District Attorney, and Raymond R. Start, District Attorney, for appellee.
The appellant was convicted of murder in the first degree with the penalty fixed at life imprisonment. We reviewed the record on appeal and, finding no harmful trial error, affirmed the judgment of sentence imposed by the court below. See Commonwealth v. Richardson, 392 Pa. 528, 140 A.2d 828. The appellant, being now confined in the Eastern State Penitentiary for the service of his sentence, appeals from the order of the Court of Common Pleas of Delaware County denying his petition for a writ of habeas corpus. From an inspection of the record we are satisfied that the appellant had a fair and impartial trial and that none of his constitutional rights was violated in his arrest, custody, trial, conviction or sentence for the crime wherewith he was charged. Accordingly, the order of the court below is affirmed.