United States of America Ex Rel. Alfred J. Ackerman v. Frank C. Johnston, Warden, Western State Penitentiary

The record demonstrates that the relator-appellant, Ackerman, has failed to exhaust his State remedies on the issue of denial of due process by reason of widespread pretrial publicity which is alleged to have created an atmosphere of hysteria and prejudice. It is conceded by Ackerman that the issue of such pervasive and unfavorable publicity was not submitted to the Superior Court of Pennsylvania, Commonwealth v. Ackerman, 176 Pa.Super. 80,106 A.2d 886. See Rule 28. It is further conceded that that issue was not even referred to in the petition for leave to appeal to the Supreme Court of…