Commonwealth Ex Rel. Almeida v. Rundle

Opinion by

Mr. Justice Eagen,

This is an appeal from an order in the court below dismissing a petition for a writ of habeas corpus.

In January 1947, Almeida, the appellant, and others engaged in an armed robbery in the City of Philadelphia. An off-duty policeman, who happened to be in the area, was shot and killed while attempting to thwart the escape of the felons. The appellant was arrested, indicted and tried for the crime of murder committed in the perpetration of the robbery. The jury found him guilty of murder in the first degree and fixed the punishment at death. On appeal, the judgment…