Com. Ex. Rel. Singer v. Myers
Decision Date | 27 October 1965 |
Citation | 213 A.2d 685,206 Pa.Super. 559 |
Parties | COMMONWEALTH of Pennsylvania ex rel. John W. SINGER, Appellant, v. David N. MYERS, Superintendent State Correctional Institution. |
Court | Pennsylvania Superior Court |
John W. Singer, in pro. per.
Joseph J. Cimino, Dist. Atty., James E. O'Brien, Asst. Dist. Atty., Scranton, for appellee.
Before ERVIN, P. J., and WRIGHT, WATKINS, MONTGOMERY, FLOOD, JACOBS and HOFFMAN, JJ.
Order affirmed.
Appellant has filed a petition for writ of habeas corpus in which he raises the question of the voluntariness of a written confession under Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964).
Appellant was tried by a jury in 1962, and convicted of rape. During the trial, a written confession, signed by him, was admitted into evidence. Appellant's defense counsel objected on the ground that, * * *'
Appellant testified at trial that he was badly 'beaten up' shortly before his arrest, and that when he consented to the confession, he was physically exhausted from lack of sleep and unable to hear because of a bruised ear. He further stated that the police Finally, he testified that he '* * * went along with whatever they said as long as it was even half-way right.'
The lower court refused to allow a hearing, since it believed that the voluntariness of the confession was neither controverted nor at issue in the trial. It is clear to me that the objection of counsel and the testimony of appellant himself sufficiently raised this issue.
It is true that the defense attorney did not raise the question of voluntariness in precise language. However, 'While only a general objection to the admission of the statements was noted of record, the circumstances under which the statements were made render the question of voluntariness one of prime importance.' Commonwealth ex rel. Linde v. Maroney, 416 Pa. 331, 337, 206 A.2d 288, 291 (1965).
I would reverse the order of the court below and remand the...
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United States v. Myers
...November Term, 1964. The Superior Court of Pennsylvania affirmed per curiam, with two judges dissenting. Commonwealth ex rel. Singer v. Myers, 206 Pa.Super. 559, 213 A.2d 685 (1965). The Supreme Court of Pennsylvania denied Singer filed the instant petition in the District Court on March 25......
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United States v. Myers
...to six to twelve years in prison. He has sought habeas corpus unsuccessfully in the state courts. Commonwealth ex rel. Singer v. Myers, 206 Pa.Super. 559, 213 A.2d 685 (1965). Relator contends here, as he did in the state courts, that an involuntary confession was improperly admitted at his......