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COM. ex rel. TATE v. BANMILLER

393 Pa. 496 (1958)

Commonwealth ex rel. Tate, Appellant, v. Banmiller.

Supreme Court of Pennsylvania.

June 30, 1958.

Attorney(s) appearing for the Case

Richard E. Tate, appellant, in propria persona.

Richard M. Martin, Assistant District Attorney, and William C. Storb, District Attorney, for appellee.

Before JONES, C.J., BELL, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE BELL, June 30, 1958:

Tate was found guilty by a jury on September 13, 1950, of murder in the first degree and the penalty was fixed at life imprisonment. On May 23, 1957, Tate filed a petition for a writ of habeas corpus. The lower court granted a rule to show cause and appointed a qualified member of the Lancaster Bar, who was Tate's co-counsel at the time of his original trial, to represent him in the present habeas corpus proceeding. The...

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