Commonwealth ex rel. Smith v. Russell

Opinion by

Mr. Justice Musmanno,

David L. Smith, the-petitioner in this case, seeking release on a writ of habeas corpus, is a lucky man. He shot a man in the face with a shotgun standing only 13 or 14 feet away and the sentencing judge before whom he pleaded guilty generally, sentenced him to *589the maximum penalty for the crime of voluntary manslaughter when he could, with the established facts and in full conscience, have found him guilty of murder in the second degree and imposed the sentence inherent to that crime.

Smith alleges in his petition that his constitutional rights were violated in…