Commonwealth ex rel. Carey v. Montgomery County Prison Keeper

Opinion by

Mr. Justice Allen M. Stearne,

This is an appeal from an order of the Court of Common Pleas of Montgomery County dismissing relator’s petition for a writ of habeas corpus.

Relator was convicted of murder in the first degree with the penalty fixed by the jury at death. The crime was the killing of a police officer, whose death was caused by gun shot wounds while he and another police officer were pursuing relator from a burglary, in order to place him under arrest. There was ample circumstantial evidence of relator’s guilt which was confirmed by his written admissions. On appeal this…