United States of America Ex Rel. Joseph M. Ryan v. Commonwealth of Pennsylvania, William J. Banmiller, Warden

288 F.2d 453, 1961 U.S. App. LEXIS 4938

• Court: Court of Appeals for the Third Circuit
• Decided: March 30, 1961
• Docket: 13489_1
• Status: Published

Opinion

PER CURIAM.

This case arises as a collateral attack in a federal district court upon a murder conviction in a state court and the consequent sentence of the accused to life imprisonment. The conviction is said to have been essentially unfair and, therefore, unconstitutional in that two of the twelve jurors did not concur in the verdict of guilty. However, the appellant failed to present substantial evidence to support his charge that the verdict of the jury was not unanimous. Accordingly, the court below quite properly refused to disturb the conviction.

The judgment will be affirmed.