411 Pa. 497 | Pa. | 1963
Lead Opinion
Opinion by
Johnson was convicted twice of murder in the first degree. In the first case the jury fixed the penalty at death and in the second case the jury fixed the penalty at life imprisonment. Johnson's first conviction was set aside by this Court because of trial errors: Commonwealth v. Johnson, 368 Pa. 139, 81 A. 2d 569. His second conviction and sentence was sustained by this
On May 9, 1948, a passenger train of the Reading Company was derailed and wrecked at a point in Montgomery County about 1-1/3d miles east of the Valley Forge Station. The engine and three cars were thrown on their sides, the lives of ninety-six passengers were jeopardized, and the engineer and the fireman of the train were killed. Johnson confessed he had removed the spikes from the rail and pointed out to the police the door of the tool house which he had broken in order to obtain a bar, a wrench and a pick. He also pointed out to the police the exact place where the train had been derailed. At the trial he partially repudiated his confessions and also relied upon an alibi.
Johnson was convicted of the murder of the engineer and the fireman under Section 919 of The Penal Code of June 24, 1939, P. L. 872. Section 919 provides, inter alia, that “Whoever wilfully and maliciously . . . removes or displaces any rail” of a railroad, is guilty of felony, and in every case where the life of a human being is destroyed by, or as a result of any of such acts, the offender “shall be deemed guilty of murder in the first degree.”
After his second conviction, Johnson appealed to the Board of Pardons for clemency in 1958 and in 1959, but each time his petition was refused.
Johnson recently filed an application with the Court of Common Pleas of Montgomery County for a writ of habeas corpus principally on the grounds' (a) that evidence of a prior conviction in the State of Dela
Judge Quinlan granted the writ and from his Order the Commonwealth, through the Superintendent of the State Correctional Institution, now appeals. The Order which is appealed from was as follows: “and now, June 28, 1962, for the foregoing reasons, it is directed that the judgment and sentence in the above case be hereby set aside and vacated and that the Writ of Habeas Corpus be issued directing Alfred T. Bundle, Superintendent, State Correctional Institution at Philadelphia, Pennsylvania, to release James Morris Johnson to the custody of Andrew J. White, Warden, Montgomery County Jail, to which latter institution James Morris Johnson is remanded to await trial on the said bills of indictment charging him with murder. By the Court: (s) Daniel L. Quinlan, Jr., J.”
The hearing judge based his decision , and Order on the following facts, reasoning and conclusions. One juror stated, on his voir dire, that he would not impose the penalty of death (if the Commonwealth proved beyond a reasonable doubt that defendant had committed the crime of murder in the first degree), because he did not believe in capital punishment; and this juror was not challenged by the Commonwealth. The Judge reasoned that consequently the District Attorney knew at the commencement of Johnson’s trial that he would not ask the death penalty and the jury would never (unanimously) impose the death penalty. Although such a juror would likely be highly advantageous in
We have emphasized the Opinion of the hearing Judge because on this point appellant in effect merely adopts and repeats the Judge’s reasoning and conclusions.
In Commonwealth v. Lowry, 374 Pa. 594, 98 A. 2d 733, the Court said (page 603) : “Defendant also con
“Even where the District Attorney asks only life imprisonment it is for the reasons hereinbefore set forth, not reversible error to admit defendant’s prior record under the proper charge of the Court, limiting its purpose and scope as heretofore set forth. Cf. Com. v. Simmons, 361 Pa., [391].”
The hearing Judge attempted to distinguish the Lowry case on the ground that the District Attorney in the Johnson case, unlike the District Attorney in the Lowry case, “knew at the outset of the second trial that he would not seek the death penalty”, and he also knew the jury would not imposé the death penalty. This distinction was in complete disregard of the above statement of this Court in Commonwealth v. Lowry :
“Even where the District Attorney asks only life imprisonment it is for the reasons hereinbefore set forth, not reversible error to admit defendant’s prior*503 record under the proper charge of the Court, limiting its purpose and scope as heretofore set forth. Cf. Com. v. Simmons, 361 Pa., [391].”
Even more important the contentions which are made by Johnson in the present habeas corpus proceedings were orally made by him and rejected by this Court in Commonwealth v. Johnson, 372 Pa., supra., as is evidenced by the following:
In the present habeas corpus hearing before Judge Quinlan, Johnson’s very experienced attorney, who represented him at both of the above mentioned murder trials as well as in this habeas corpus proceeding, stated: “I objected to the introduction of a prior record on two grounds. First of all, there was no reason for the introduction of a prior record because, as stated in Parker, a prior record was only to be introduced in evidence to assist the jury in choosing between life and death. Now, where you didn’t have that involved and there wasn’t any asking for death then we contend, I contended then, I contended to the Supreme Court of Pennsylvania, and they of course threw this Parker Rule at me, too, that there was a denial of due process of law.”
In Commonwealth v. Parker, 294 Pa., supra, the Court held that under the Act of May 14, 1925, P. L. 759, evidence as to prior independent unconnected criminal offenses committed by the defendant was admissible in evidence as part of the Commonwealth’s case, for the purpose of enabling the jury to fix the penalty. Very many times and in very many cases (prior to the Amendatory Act of 1959) defendants, who were convicted of crime have attacked the so-called Parker rule on the ground that the admission of prior crimes was prejudicial fundamental error because it was intended to, or its realistic effect was to influence and prejudice the jury against the defendant in a determination of guilt, instead of aiding them in determining the pen
Johnson also contends that the only evidence connecting him with the crime was his own statements to the police which were introduced in, evidence and such statements were obtained by coercion and trickery practiced by the police. This contention was made by Johnson at his murder trial and was considered at great length by this Court in our Opinion -in 372 Pa. The jury after proper instructions by the trial Judge rejected Johnson’s contention, and this Court specifically rejected it and sustained the jury’s verdict and sentence.
We have decided this case on the assumption that habeas corpus will lie. Habeas corpus formerly was a well defined and limited writ which a myriad of cases proclaimed was not a substitute for an appeal, or for a writ of error, or for a motion for a new trial, or for correction of trial errors: Commonwealth ex rel. Watters v. Myers, 406 Pa. 117, 176 A. 2d 448; Commonwealth ex rel. Bolish v. Banmiller, 396 Pa. 129, 151 A.2d 480; Commonwealth ex rel. Remedy v. Myers, 393 Pa. 535, 143 A. 2d 660; Commonwealth ex rel. Ashmon v. Banmiller, 391 Pa. 141, 137 A. 2d 236; Commonwealth ex rel. Wilson v. Banmiller, 393 Pa. 530, 143 A.2d 657, and cases cited therein.
However, we have also judiciously held that if the record shows a trial or sentence which was so funda
Order reversed and vacated, and petition for habeas corpus dismissed.
This second ground was mentioned merely casually on appeal, and was not discussed by the Court below.
The law has since then been changed by the split verdict Act of December 1, 1959, P. L. 1621, 18 P.S. §4701.
Every Judge like every other American is entitled to his own beliefs and his own views, and every Judge of a lower Court is entitled to disagree with an Order or Decree or Judgment, or the reasoning of an Appellate Court, but he cannot ignore or defy them. Similarly, every Judge on the Supreme Court of a State is entitled to disagree with an Order or Decree or Judgment,- or the reasoning of - .the Supreme Court of the United States, but he cannot ignore or defy them. If it were otherwise, appellate jurisdiction would be both a mockery and a nullity, and the judicial system of the United States might as well be abolished.
Italics throughout, ours.
Moreover, it is a matter of both common and Judicial knowledge that nearly everyone, including jurors and Judges, often change their minds, even in the most important matters which from time to time confront them and even in some of their basic and long-held beliefs.
We have considered this contention of Johnson’s in the light of all the recent decisions of the Supreme Court of the United States, including Fay v. Noia, 372 U.S. 391; Gideon v. Wainwright, 372 U.S. 335 and Townsend v. Sain, 372 U.S. 293; none of which were cited or could have been cited by Johnson, but are convinced that Johnson has failed to bring himself within the principles or applicable tests laid down by the Court in any of its recent decisions.
Dissenting Opinion
Dissenting Opinion by
I would affirm the opinion of the court below granting the petition for writ of habeas corpus.
An examination of the entire record discloses that the prosecution had a very flimsy case against the defendant. As former . Chief Justice Charles Alvin Jones so aptly stated in his concurring opinion to the first Johnson case, “[t]he books will be searched in vain 'for a more startling example of a synthetically constructed case of murder against a suspect.” Commonwealth v. Johnson, 368 Pa. 139, 148, 81 A. 2d 569, 573 (1951). I agree. It is abundantly clear that the prosecution would never have secured a conviction without the introduction in evidence of defendant’s prior convictions.
The majority places considerable emphasis upon Commonwealth v. Parker, 294 Pa. 144, 143 Atl. 904 (1928), in which the validity of the split-verdict rule was upheld. As the majority correctly points out, this
