Opinion
June 20, 1960.
July 11, 1960.
Criminal Law — Practice — Habeas corpus — Alleged illegal search and seizure and arrest — Fabricated and hearsay evidence — Illegally obtained evidence — Misconduct by district attorney — Coerced confession — Compelled self-incrimination by police action.
In a habeas corpus proceeding, in which it appeared that the petition averred illegal search and seizure, illegal arrest, use of fabricated and hearsay evidence, use of illegally obtained evidence, improper remarks of the district attorney, coercion in the procuring of defendant's confession and compelled self-incrimination by police action (which matters were passed upon by the jury adversely to relator after hearing conflicting evidence), it was Held that the order of the court below dismissing the petition without a hearing should be affirmed.
Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, WATKINS, and MONTGOMERY, JJ.
Appeal, No. 132, Oct. T., 1960, from order of Court of Common Pleas No. 5 of Philadelphia County, Dec. T., 1959, No. 2387, in case of Commonwealth ex rel. James Williams v. David N. Myers, Superintendent. Order affirmed.
Same case in court below: 21 Pa. D. C. 2d 232.
Habeas corpus.
Order entered dismissing petition, opinion by REIMEL, J. Relator appealed.
James Williams, appellant, in propria persona.
William H. Wolf, Jr. and Domenick Vitullo, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.
Submitted June 20, 1960.
The order of the court below dismissing relator's petition for writ of habeas corpus is affirmed on the opinion of Judge REIMEL of the Court of Common Pleas No. 5 of Philadelphia County as reported in 21 Pa. D. C. 2d 232.