Criminal law — Habeas corpus — Repetitious petitions — Res judicata — Failure to produce relator in court.
1. In this habeas corpus proceeding instituted by a prisoner serving a life sentence for murder, in which it appeared that two other petitions for habeas corpus had been rejected on the merits by the Supreme Court of Pennsylvania and by the United States District Court, and that the only new contention advanced in the present petition was the extravagant charge that the prisoner was sentenced as the result of a conspiracy between his brother and the law-enforcement officers; that a hearing was held on this contention and relator's own witnesses refuted it; and it further appeared that the prisoner was not brought to the hearing but was well represented by competent counsel of his own choice, it was Held that (1) matters which have been adjudicated in one habeas corpus proceeding may not be re-examined in a subsequent proceeding; (2) production of the relator in court on such a hearing is not necessary when there are no factual issues requiring the taking of his testimony; and (3) the court below properly denied the petition for a writ of habeas corpus.
OPINION PER CURIAM, November 12, 1956:
The order of the court below is affirmed on the opinion of President Judge BRAHAM reported in 6 Pa. D. C. 2d at p. 589.