Commonwealth Ex Rel. Loveday v. Myers

Opinion by

Mr. Justice Jones,

This is an appeal from an order of tbe Court of Common Pleas of Dauphin County refusing to issue a writ of habeas corpus.

A brief recital of the factual background surrounding the homicide as the result of which Billy Joe Love-day was found guilty of murder in the first degree and sentenced to life imprisonment is necessary. In the early morning of July 16, 1953, Loveday, with two confederates, Mahaffey and Smith, planned to rob a motel near Harrisburg; the trio went to the motel; Mahaffey remained outside at the wheel of an automobile; under the pretext of renting…