United States of America Ex Rel. Hercules Butler v. Joseph R. Brierley, Superintendent, State Correctional Institution, Philadelphia, Pennsylvania

OPINION OF THE COURT

Appellant was convicted in the Pennsylvania State Court of burglary and first degree murder and is serving a life sentence. Conviction was affirmed by the state appellate courts. Thereafter he sought a writ of habeas corpus in the district court which, after hearing, remanded the matter to the state court-to conduct a hearing on appellant’s primary complaint, namely, that he was convicted on the basis of a confession not voluntarily obtained.

The state court held a substantial testimonial hearing at which appellant was represented by counsel. That court determined, based on…