United States ex rel. Rivers v. Myers

VAN DUSEN, District Judge.

The petition for a writ of habeas corpus asks this court to set aside a death sentence imposed by a three-judge state court after the entry of a plea of guilty to murder in the first degree on the ground that the sentence is “in violation of petitioner’s right to due process of law” (par. 15 of the petition). Relator was a participant in a robbery described as follows by the Supreme Court of Pennsylvania in Commonwealth v. Cater et al., 1959, 396 Pa. 172, 175, 152 A.2d 259, 261:1

*512“On the evening of March 26, 1957, three young men planned and perpetrated a robbery at…