Commonwealth ex rel. Wilkes v. Maroney

Opinion by

Mr. Justice Roberts,

John Wilkes, Sr., was tried by a jury and convicted of murder in tbe second degree in tbe Court of Oyer and Terminer of Fayette County on December 14, 1961. We affirmed tbe conviction on April 21, 1964. Commonwealth v. Wilkes, 414 Pa. 246, 199 A. 2d 411 (1964). Certiorari was denied by tbe Supreme Court of tbe United States on December 7, 1964, 379 U. S. 939, 85 S. Ct. 344 (1964).

On June 22, 1965, Wilkes filed a babeas corpus petition in tbe court of common pleas wbicb was denied without bearing. Now before us is tbe appeal from that denial. After reviewing tbe…