Commonwealth Ex Rel. Butler v. Rundle

Opinion by

Mr. Justice Bok,

Appellant was convicted of murder in the first degree and sentenced to life imprisonment. No appeal was taken. He now appeals from the dismissal without a hearing of his petition for a writ of habeas corpus in the Court of Common Pleas of Delaware County. The case is submitted to us on appellant’s brief without oral argument.

A hearing is not required when there is no issue of fact to be decided or when the facts averred by relator, even if believed, are insufficient to warrant granting the writ of habeas corpus. Commonwealth ex rel. Bishop v. Claudy, 373 Pa. 523, 97…