Commonwealth ex rel. Anderson v. Myers
Commonwealth ex rel. Anderson v. Myers
Opinion of the Court
Opinion by
This is an appeal from an Order dismissing a petition for a writ of habeas corpus by the Court of Common Pleas of Philadelphia County.
On June 12 and 13, 1963, defendant-relator while represented by counsel pleaded guilty to a charge of murder. After hearing testimony and considering the evidence, the Court of Oyer and Terminer found defendant-relator guilty of murder in the second degree and sentenced him to ten to twenty years.
Defendant-relator contends that he was deprived of his Constitutional rights for the following reasons: (1)
Defendant-relator’s first contention is devoid of merit. The evidence was ample to convict him of murder.
Defendant-relator was represented, we repeat, by counsel at his trial and pleaded guilty to the charge of murder generally. The Commonwealth certified that his crime did not rise higher than second degree murder.
Order affirmed.
We note that this certification is not binding on the Court. See Commonwealth ex rel. Hobbs v. Russell, 420 Pa. 1, 215 A. 2d 858 (1966) ; Commonwealth ex rel. Ward v. Russell, 419 Pa. 240, 213 A. 2d 628 (1965) ; Commonwealth ex rel. Johnson v. Rundle, 411 Pa. 497, 192 A. 2d 381 (1963) ; Commonwealth v. Lowry, 374 Pa. 594, 98 A. 2d 733 (1953) ; Commonwealth ex rel. Parker v. Myers, 422 Pa. 221, 222, 220 A. 2d 851 (1966) ; Commonwealth v. Kirkland, 413 Pa. 48, 195 A. 2d 338 (1963). However, the Court in the instant case found the defendant-relator guilty only of second degree murder.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.