United States v. Commonwealth of Pennsylvania, Civ. A. No. 9574.

• Decision Date: 16 May 1951
• Docket Number: Civ. A. No. 9574.
• Citation: 108 F. Supp. 581
• Parties: UNITED STATES ex rel. LORENZO v. COMMONWEALTH OF PENNSYLVANIA et al.
• Court: U.S. District Court — Eastern District of Pennsylvania

108 F. Supp. 581

UNITED STATES ex rel. LORENZO v. COMMONWEALTH OF PENNSYLVANIA et al.

Civ. A. No. 9574.

United States District Court W. D. Pennsylvania.

May 16, 1951.

No counsel.

MARSH, District Judge.

Joseph Lorenzo petitions this court for a writ of habeas corpus and for leave to proceed in forma pauperis. It appears from an examination of the papers presented by the petitioner that he was tried by a jury in the Court of Quarter Sessions of Crawford County and found guilty on two counts of larceny. The Court imposed consecutive sentences of from 2½ to 5 years on each count. At the trial of the case, petitioner was represented by counsel.

It further appears from our examination of the records in the Supreme Court of Pennsylvania which we secured from the Prothonotary of that Court, that the petitioner filed a petition for a writ of habeas corpus in that Court on August 24, 1949.¹ On January 21, 1950, the Supreme Court of Pennsylvania entered the following order:

"The Petitioner, Joseph Lorenzo, who is serving two consecutive sentences of two and a half to five years each in the Western Penitentiary, which sentences were imposed by the Court of Quarter Sessions of Crawford County on May 26, 1948, alleges in his petition that he was held incommunicado in the Crawford County Jail for eight days, and subjected to face duress and coercion. He also avers that he was denied the privilege of being present when the verdict was delivered. These allegations are denied by the District Attorney of Crawford County. This petition and answer is remitted to the Court of Quarter Sessions of Crawford County so that the petitioner may have an opportunity to establish by evidence the material averments of his petition and so that the Commonwealth may have an opportunity to rebut this evidence. After hearing the evidence that Court will remit the record with the court's findings of fact to this Court, without delay. By the Court."

Pursuant to the above order, the Court of Quarter Sessions of Crawford County held a hearing on February 9, 1950. Petitioner was again represented by counsel and was given an opportunity to prove his allegations affirmatively and to cross-examine the witnesses who appeared to deny the allegations of his petition. Based on the above hearing, the Court of Quarter Sessions of Crawford County filed the following findings of fact:

"1. Whether or not the relator was held incommunicado in the Crawford County Jail.

"We find as a fact that he was not.

"2. Whether or not the relator, Mr. Lorenzo, was subjected to duress and coercion.

"We find that he was not.

"3. Whether or not the relator, Mr. Lorenzo, was present when the verdict of the jury came in at Nos. 43-A and 43-B, May Sessions, 1948, in the Court of Quarter Sessions.

"We find that he was."

And in the discussion of these findings the court further stated that "there is no evidence to support the contentions of the relator on any of the three above issues except his own."

The above findings were filed on December 9, 1950 and on December 28, 1950 the Supreme Court of Pennsylvania dismissed the petition. The petitioner filed a petition for reargument on ...