Commonwealth v. Ballem

• Decision Date: 17 March 1958
• Citation: 139 A.2d 534,391 Pa. 626
• Parties: COMMONWEALTH of Pennsylvania v. Francis X. BALLEM, Appellant.
• Court: Pennsylvania Supreme Court

139 A.2d 534

391 Pa. 626

COMMONWEALTH of Pennsylvania v. Francis X. BALLEM, Appellant.

Supreme Court of Pennsylvania

March 17, 1958

Argued November 11, 1957

Appeal, No. 50, Jan. T., 1958, from order of Court of Oyer and Terminer and General Jail Delivery and Quarter Sessions of the Peace of Delaware County, June T., 1954, No. 482, in case of Commonwealth of Pennsylvania v. Francis X. Ballem. Order affirmed.

Proceedings on petition for commitment to mental hospital, and appointment of commission to investigate mental condition of criminal defendant.

Commission's reports submitted and order entered finding that defendant was not insane; defendant's exceptions dismissed and final order entered, order by TOAL, J. Defendant appealed.

Order affirmed.

William H. Turner, for appellant.

Paul R. Sand, Assistant District Attorney, with him Ernest L. Green, Assistant District Attorney, and Raymond R. Start, District Attorney, for appellee.

Before JONES, C.J., BELL, CHIDSEY, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION

MR. JUSTICE CHIDSEY

On April 29, 1954 the appellant, Francis X. Ballem, was arrested and charged with murder. The court appointed counsel for the defendant, who on September 10, 1954 petitioned the court for the appointment of a commission to inquire into the mental condition of the defendant pursuant to The Mental Health Act of June 12, 1951, P.L. 533, as amended by the Act of January 14, 1952, P.L. 2053, 50 PS § 1071 et seq. The petition was granted and the court appointed a commission. Following the report of such commission and in accordance with its conclusions, the court found that the defendant's mental condition was not such as to require commitment to a mental hospital. Thereupon the defendant was tried by a jury which after a lengthy trial, rejected his pleas of insanity and self defense, and found him guilty of murder in the first degree, with the penalty fixed at death. Motions for new trial and in arrest of judgment were heard and dismissed, and on December 30, 1955 the court imposed the sentence prescribed by law. The judgment of sentence of death was appealed to this Court and affirmed: Commonwealth v. Ballem, 386 Pa. 20, 123 A.2d 728 (1956). Certiorari to the Supreme Court of the United States was denied. 352 U.S. 932, 77 S.Ct. 235. Application was then made to the State Board of Pardons for commutation of sentence. This application was argued before the Board on February 20, 1957 and its disposition is still pending.

On February 22, 1957 counsel for appellant petitioned the court below for the commitment of the appellant to a hospital for mental illnesses, averring that the appellant was believed to be insane within the meaning of that term as defined by Section 344 of The Mental Health Act of 1951, supra, as amended by the Act of May 31 1956, P.L. 1897. The amendment of 1956 provides for the commitment of "Any person whose penalty for crime has been fixed at death by a court or jury, or who has been sentenced to death, and it shall appear that such person is insane and such insanity shall have occurred since the penalty was fixed or sentence imposed. The term 'insanity,' as used in this clause, ... shall mean that such person does not have capacity to understand the nature and object of the proceedings against him, to comprehend his own condition in reference to such proceedings, to understand the nature of the punishment to be inflicted upon him, and to confer with his counsel with reference thereto." The court ordered a stay of proceedings to prevent execution under warrant issued by the Governor of the Commonwealth, fixing the time of execution for the week commencing February 25, 1957, and on March 5, 1957 the court appointed an attorney, Charles H. Heidmann, Esquire, and two psychiatrists, Dr. Herman D. Staples and Dr. Harvey Bartle, Jr., as a commission to investigate the condition of the defendant and make report thereof to the court. The commission held hearings at which statements of counsel were presented, the testimony of witnesses was taken, certain documentary evidence, principally letters written by the defendant, was received, and the defendant himself was examined. Thereafter the commission made two reports to the court, one submitted by Mr. Heidmann and Dr. Bartle, Jr. as a majority opinion concluding that the appellant was not insane under the definition of "insanity" contained in the 1956 amendment of the Mental Health Act of 1951, and the other by Dr. Staples as a minority opinion concluding that the defendant was insane under such definition.

On May 15, 1957 the court below, with President Judge SWENEY, and Judges TOAL and BRETHERICK present, held a hearing in chambers during which members of the court as well as counsel for the defendant and the Commonwealth questioned the members of the commission after they were duly sworn with respect to their reports. On June 3, 1957 the court having found that the defendant was not insane under the applicable definition of "insanity" contained in the 1956 amendment of The Mental Health Act of 1951, made the following order:

"AND NOW, to wit, this 3rd day of June A.D. 1957, a petition for the commitment to a hospital for mental illnesses having been filed on behalf of the defendant, Francis X. Ballem, on March 5, 1957, and the Court having appointed a Commission to investigate the condition of the said Francis X. Ballem and to make a report thereof in writing to the Court, and specifically to inquire into and report upon the condition of the said Francis X. Ballem, a prisoner under sentence of death, alleged to be insane, within the meaning of that term as defined by the Mental Health Act of 1951, June 12, P.L. 533, section 344, as amended by the Act of 1951, January 14 (1952), P.L. 2053, section II, and the Act of 1956, May 31, P.L. 1897 (1955), section 1, and to report to the Court its specific answers to the following questions.

"1. Whether the prisoner, Francis X. Ballem, is insane and does not have capacity to understand the nature and object of the proceedings against him.

"2. Whether the prisoner, Francis X. Ballem, is insane and does not comprehend his own condition with reference to such proceedings.

"3.Whether the prisoner, Francis X. Ballem, is insane and does not understand the nature of the punishment to be inflicted upon him.

"4. Whether the prisoner, Francis X. Ballem, is insane and is unable to confer with his counsel with reference thereto.

"Further the said Commission having held hearings on March 14, 1957, and April 4, 1957, at which witnesses were heard including the defendant, Francis X. Ballem; and further the said Commission, after due deliberation, having made its reports in writing to the Court; and further, the Court having examined the findings and recommendations of the said Sanity Commission appointed in this case, and having considered the evidence together with additional relevant evidence heard by the Court May 15, 1957, and upon consideration of the entire record in the case, the Court finds that the defendant, Francis X. Ballem, is not insane as defined by the Mental Health Act of 1951 together with its various amendments and particularly the amendment of 1956, (May 31, P.L. 1897), (1955), section 1, for the following reasons:

"1. That Francis X. Ballem does have capacity to understand the nature and object of the proceedings against him, and;

"2. That the said Francis X. Ballem does comprehend his own condition with reference to such proceedings, and;

"3. That the said Francis X. Ballem, does understand the nature of the punishment to be inflicted upon him, and;

"4. That the said Francis X. Ballem, is able to confer with his counsel with reference thereto.

"It is further ORDERED and DIRECTED that a certified copy of this Order be duly served upon those persons in authority responsible by law for carrying out the sentence heretofore imposed by this Court."

Exceptions filed by the defendant to the foregoing order were dismissed by the following order from which the present appeal is taken:

"AND NOW, to wit, this 13th day of June A.D. 1957, exceptions to the Order of this Court in the above entitled matter dated June 3, 1957 having been filed on behalf of the defendant, Francis X. Ballem, and it appearing from the record, heretofore made, that the subject matter of said exceptions has been thoroughly and adequately considered by the Court and, that the Order heretofore made dated June 3, 1957 was the final Order of this Court, and further, that no useful purpose would be served by permitting the presentation of additional or further argument on the said exceptions filed herein: It is therefore ORDERED and DIRECTED that the said exceptions and each of them be and the same are hereby dismissed. And it further appearing that a petition praying this Court to grant a stay of all proceedings against the prisoner, Francis X. Ballem, has been filed of record dated June 7, 1957. Now, therefore, it is further ORDERED and DIRECTED that the prayer of the said petition for a stay of proceedings be and the same is hereby denied and a stay of proceedings is refused."

Appellant's contentions in this Court are: (1) the court below, and the sanity commission appointed by it, erred in refusing to admit in evidence and consider in arriving at its conclusion, the entire record of the proceedings concerning appellant from the time of his arrest to his sentence; (2) the court below erred in failing to hold a hearing or argument on the report of the commission and in failing to give counsel for appellant opportunity to submit briefs and present oral argument before the court en banc in support of appellant's exceptions to the order of the court dated June 3, 1957, and (3) under all the...