United States Ex Rel. Darcy v. Handy

Mr. Justice Harlan, whom Mr. Justice Frankfurter and Mr. Justice Douglas join,

dissenting.

I would reverse the judgment below on the basis of Judge Boyer’s conduct. The central facts against which this conduct must be viewed are that: (1) Zeitz, not petitioner, did the actual killing on which petitioner’s trial was based, and (2) petitioner’s participation in the robbery being uncontested, the only real issue at his trial was whether he should suffer the death penalty or life imprisonment, which, under the Pennsylvania statute, was a question for the jury. If these facts be kept in mind, I…