Com. ex rel. McCant v. Rundle
Decision Date | 30 June 1965 |
Citation | 211 A.2d 460,418 Pa. 394 |
Parties | COMMONWEALTH of Pennsylvania ex rel. Joseph McCANT, Appellant, v. A. T. RUNDLE, Superintendent, State Correctional Institution, Philadelphia, Pennsylvania. |
Court | Pennsylvania Supreme Court |
Joseph McCant, in pro. per.
Joseph M. Smith, Asst. Dist. Atty., Philadelphia, for appellee.
Before BELL C. J., and MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.
Joseph McCant, on a plea of guilty to a murder indictment, was convicted of murder in the first degree and a sentence of life imprisonment was imposed. He has filed a petition for writ of habeas corpus averring he was denied due process in that he had no counsel at the preliminary hearing, that he did not have effective representation at his trial and that his plea of guilty was coerced. None of these reasons has merit.
The petitioner finds himself in prison for life because he fired a revolver shot at one William Harold, the bullet passed through Harold's body and struck Gloria Osborne, his partner in an immoral relationship, killing her. He contends in his petition that since he had no intention of killing Gloria Osborne his crime could not be first degree murder. First degree murder is not the slaying of any particular person, it is the taking of the life of another premeditatedly and with malice aforethought, regardless of the identity of the victim. If McCant, intending to kill shot into a crowd, the resulting crime would be first degree murder even if he had never before seen his eventual homicidal victim.
In Commonwealth v. Lyons, 283 Pa. 327, 129 A. 86, this Court said:
(Emphasis supplied.)
After the shooting, the petitioner voluntarily surrendered to the police and voluntarily gave a statement admitting the shooting. At the trial he freely admitted what he had done. During the trial no reference was made to the preliminary hearing. Thus, the defendant was in no way prejudiced in the adjudication of his offense by the fact that he had no counsel at the preliminary hearing. In Commonwealth ex rel. Butler v. Rundle, 416 Pa. 321, 206 A.2d 283, this Court said:
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Com. ex rel. McCant v. Rundle
...211 A.2d 460 418 Pa. 394 COMMONWEALTH of Pennsylvania ex rel. Joseph McCANT, Appellant, v. A. T. RUNDLE, Superintendent, State Correctional Institution, Philadelphia, Pennsylvania. Supreme Court of Pennsylvania. June 30, 1965. [418 Pa. 395] Page 461 Joseph McCant, in pro. per. Joseph M. Smi......