United States of America Ex Rel. Thomas Marino v. D. N. Myers, Superintendent, State Correctional Institution at Graterford, Pennsylvania

OPINION OF THE COURT

This is an appeal from the denial by the district court, 261 F.Supp. 151, of a writ of habeas corpus sought by the relator, who had been convicted of murder in the first degree in a Pennsylvania court and is now serving a term of imprisonment for life. The sole basis alleged for the writ is that evidence of prior criminal convictions was admitted at his trial for the purpose of assisting the jury in fixing the penalty, as authorized by Commonwealth v. Parker, 1928, 294 Pa. 144, 143 A. 904, and that this seriously prejudiced the jury in considering his guilt. The district…