Commonwealth ex rel. Butler v. Banmiller

Harvey, P. J.,

— After a fair and impartial trial, the jury convicted Hercules Butler of murder of the first degree and fixed the penalty by their verdict to undergo imprisonment for life. In accordance therewith sentence was imposed and he was committed to the Eastern State Penitentiary where he is presently serving that sentence. There has been filed in the office of the clerk of the courts his petition in forma pauperis for a writ of habeas corpus praying his discharge on the grounds that he is illegally restrained because he has been committed and confined without due process of law. The…