United States v. Myers, No. 13032.

• Court: United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
• Writing for the Court: GOODRICH, McLAUGHLIN and KALODNER, Circuit
• Citation: 276 F.2d 790
• Parties: UNITED STATES of America ex rel. Earl Richard SAUNDERS, Appellant, v. David N. MYERS, Warden, Eastern State Penitentiary, Graterford, Pennsylvania.
• Docket Number: No. 13032.
• Decision Date: 21 March 1960

276 F.2d 790 (1960)

UNITED STATES of America ex rel. Earl Richard SAUNDERS, Appellant,
v.
David N. MYERS, Warden, Eastern State Penitentiary, Graterford, Pennsylvania.

No. 13032.

United States Court of Appeals Third Circuit.

Submitted January 18, 1960.

Decided March 21, 1960.

Norman Landy, Pittsburgh, Pa., for appellant.

Edward C. Boyle, Dist. Atty. for Allegheny County, William Claney Smith, Asst. Dist. Atty., Pittsburgh, Pa., for appellee.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Appellant, Saunders, seeks review of the district court's refusal to grant his petition for a writ of habeas corpus. The doctrine of exhaustion of state remedies has been satisfied.

Saunders was convicted of murder in the first degree in the Court of Oyer and Terminer of Allegheny County, Pennsylvania for the shooting and killing of a gas station attendant. He is now serving a life sentence.

The chief witness for the prosecution was Edward Hargrove, ten years old at the time the crime was committed. He had known the defendant very well for from three to five years prior to the occurrence. They lived five doors from each other and saw each other practically every day. Hargrove testified that he saw the attack upon the victim by someone wearing a mask. The latter then ran to a point where he was right across the twenty-four foot wide street from where Hargrove was standing. At that time the mask slipped for a moment, Hargrove got a good look at the person's face and immediately recognized the defendant. He told his mother and stepfather of this and identified Saunders in the police line-up. The trial court in its opinion denying a new trial had this to say about

276 F.2d 791

Hargrove as a witness: "It was obvious to the court, to the jury and to the spectators that young Edward was telling the truth. He handled himself so intelligently, so quietly and so effectively on cross-examination that no one could doubt the sincerity of his story."

Some five months after the trial there was what the Supreme Court of Pennsylvania calls a "so-called recantation," by Hargrove of his testimony. Because of this the trial court itself examined Hargrove who insisted that he had told the truth at the trial but that he had "bad dreams" and "something kept telling me it wasn't him." The court concluded that it was not "something" but more likely "somebody" who "kept telling him". The Supreme Court held that, "Certainly the court below cannot be held to have been guilty of an abuse of discretion in refusing...