Commonwealth ex rel. Smith v. Rundle

Opinion by

Me. Justice Eagen,

This is an appeal from an order below dismissing an action in habeas corpus without hearing.

The appellant, Frank Smith, is confined under a sentence of life imprisonment imposed on June 28, 1950, following his conviction by a jury of murder in the first degree. Throughout the trial proceedings, he was represented by self-retained counsel. A motion for a new trial was filed and later withdrawn. No appeal from the judgment was entered.

In the present action, Smith contends, that the trial resulting in his conviction and sentence lacked due process because it was…