Commonwealth Ex Rel. Kress v. Rundle

228 A.2d 772, 425 Pa. 142, 1967 Pa. LEXIS 655

• Court: Supreme Court of Pennsylvania
• Decided: April 18, 1967
• Docket: Appeal, 3
• Status: Published

Opinion

Opinion by

Mr. Justice Roberts,

On May 8, 1964, after a trial by jury, Clarence Kress was convicted of murder in the first degree and sentenced to a term of life imprisonment. This is an appeal from the denial after an extensive hearing of Kress’s habeas corpus petition in the court below. After a review of the record, we conclude that the able and painstakingly thorough opinion of the late President Judge W. C. Sheely * adequately disposes of all of appellant’s non-frivolous contentions.

In bis brief on appeal, appellant raises for tbe first time certain claims not raised in bis petition below or during tbe course of bis bearing. As we bave said before, this Court will normally not consider such contentions unless they bave first been presented to a court below. E.g., Commonwealth ex rel. Banks v. Myers, 423 Pa. 124, 128-29, 222 A. 2d 880, 882 (1966).

Order affirmed.

Mr. Justice Cohen took no part in tbe consideration or decision of this case.

* Reported at 7 Adams County L.J. 171 (1966).