Supreme Court of Pennsylvania, 1967

Commonwealth Ex Rel. Kress v. Rundle

Commonwealth Ex Rel. Kress v. Rundle
Supreme Court of Pennsylvania · Decided April 18, 1967 · Bell, Musmanno, Jones, Eagen, O'Brien, Roberts, Cohen
425 Pa. 142; 228 A.2d 772; 1967 Pa. LEXIS 655

Commonwealth Ex Rel. Kress v. Rundle

Opinion

Opinion by

Mr. Justice Roberts,

On May 8, 1964, after a trial by jury, Clarence Kress was convicted of murder in the first degree and sentenced to a term of life imprisonment. This is an appeal from the denial after an extensive hearing of Kress’s habeas corpus petition in the court below. After a review of the record, we conclude that the able and painstakingly thorough opinion of the late President Judge W. C. Sheely * adequately disposes of all of appellant’s non-frivolous contentions.

*143 In bis brief on appeal, appellant raises for tbe first time certain claims not raised in bis petition below or during tbe course of bis bearing. As we bave said before, this Court will normally not consider such contentions unless they bave first been presented to a court below. E.g., Commonwealth ex rel. Banks v. Myers, 423 Pa. 124, 128-29, 222 A. 2d 880, 882 (1966).

Order affirmed.

Mr. Justice Cohen took no part in tbe consideration or decision of this case.
*

Reported at 7 Adams County L.J. 171 (1966).

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