Commonwealth ex rel. Whalen v. Banmiller

Opinion by

Me. Chief Justice Jones,

The relator is confined in a State Penitentiary where he is serving a sentence of 7% to 15 years imposed in 1955 for his conviction of robbery. Alleging a want of due process in his criminal trial, he petitioned a court of common pleas of Philadelphia County for a writ of habeas corpus. The petition was denied without a hearing.

The relator then petitioned the Superior Court for leave to appeal to that court from the summary dismissal of his habeas corpus petition without payment of the statutorily specified filing fee, alleging that he was indigent and unable…