Commonwealth ex rel. Hairston v. Myers

Opinion by

Wright, J.,

Eugene Hairston has appealed from an order of Court of Common Pleas No. 5 of Philadelphia County dismissing his petition for a writ of habeas corpus. It will be necessary to summarize the factual and procedural background revealed by our examination of the voluminous original record.

On February 26, 1957, at about five o’clock ,p.m„ appellant entered a grocery store in West Philadelphia, a few blocks from his home in the same locality. *216The proprietor, Harry Handfinger, was alone at the time. After purchasing a soft drink, appellant suddenly thrust a knife into Handfinger’s…