Commonwealth Ex Rel. LaRue v. Rundle

Opinion by

Mr. Justice Roberts,

After a jury trial, Alphonso LaRue was found guilty of murder in the first degree and the jury fixed the penalty at death. The conviction was appealed to this Court and affirmed. Commonwealth v. LaRue, 381 Pa. 113, 112 A. 2d 362 (1955). The facts relating to the offense are recited in full in that opinion. Shortly thereafter, in 1955, the Board of Pardons commuted the sentence to life imprisonment. LaRue is presently confined under this sentence and in 1964 he sought release by means of a petition for habeas corpus. The petition was denied, without hearing, and…