COM. ex rel. CATER v. MYERS


412 Pa. 67 (1963)

Commonwealth ex rel. Cater, Appellant, v. Myers.

Supreme Court of Pennsylvania.

October 9, 1963.


Attorney(s) appearing for the Case

W. Bradley Ward, with him Joseph L. Ehrenreich, for appellant.

Charles Jay Bogdanoff, Assistant District Attorney, with him Louis F. McCabe, Richard A. Sprague and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. CHIEF JUSTICE BELL, October 9, 1963:

This is an appeal from the Order of the Court of Common Pleas No. 2 of Philadelphia County denying Relator's petition for a writ of habeas corpus.

Cater (Relator) was convicted of murder in the first degree and sentenced to death.* The pertinent facts surrounding this homicide were stated in Commonwealth v. Cater, 396 Pa. 172 (p. 175):

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