Commonwealth Ex Rel. Cater v. Myers

Opinion by

Mr. Chief Justice Bell,

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

Cater (Eelator) 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) :

“On the evening of March 26, 1957, three young men planned and perpetrated a robbery at the pharmacy of Jacob Viner, a North Philadelphia druggist. One of the robbers accompanied Viner to the rear of the establishment, and after…