236 Pa. 412 | Pa. | 1912
Opinion by
The question, for decision here is within narrow limits. The defendant, after a fair trial in the court below, was convicted of murder of the first degree and sentenced to death. His contentions here are; that the trial judge had no constitutional right to preside in the Court of Oyer and Terminer of Philadelphia County; that the court in banc which passed on his case was not constituted as the constitution requires; and that the entire proceedings are void because coram non judice. Judge Stewart of the third judicial district, comprising the county of Northampton, presided at the trial; and the trial judge with Judge Heydt of the fifty-sixth judicial district, and Judge Caee of the first district, sat as a court in banc to pass upon the motion for a new trial. The judges from other districts were assigned in strict compliance with the provisions of the Act of April 27, 1911, P. L. 101. A majority of the judges of Court of Common Pleas No. l-of Philadelphia County, being of the opinion that it was necessary for the purpose, of expediting the business of that court, transmitted a request in writing to the prothonotary of the Supreme Court, asking that Judge Stewaet be assigned to specially preside in their court, and he responded to the call by reporting for duty.
It should be observed that the act requires the responding judge to be assigned “to specially preside in the district from which the call has come, for the purpose of transacting the business thereof,” and in the discharge of his duties when so assigned he shall have “the same power and authority as vested in the judge or judges of said district.” The act deals solely and alone with law judges of the courts of common pleas and does not mention courts of quarter sessions or of oyer and terminer. The call must be made by a law judge, or law judges, as the case may be, of the court of common pleas, and it must be responded to by a law judge of the court
The effect of sustaining the contention of appellant would be to open the prison doors for the escape of
Judgment affirmed, and record remitted for the purpose of having the sentence executed according to law.
Brown and Stewart, JJ., dissent.