Commonwealth Ex Rel. Smith v. Myers

Opinion by

Mr. Justice O’Brien,

This is an appeal from the order of the Court of Common Pleas of Philadelphia County, denying James Smith’s petition for a writ of habeas corpus. The facts upon which the convictions of appellant and his co-felons, Almeida and Hough, rest are well known to this Court1 and to the federal courts.2 In addition to vexing the courts, these cases have perplexed a generation of law students, both within and without the Commonwealth, and along with their progeny, have spawned reams of critical commentary.3

*220Briefly, the facts of the crime are these. On January 30, 1947,…