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COMMONWEALTH v. MONCAK

375 Pa. 559 (1954)

Commonwealth v. Moncak, Appellant.

Supreme Court of Pennsylvania.

January 4, 1954.

Attorney(s) appearing for the Case

Joseph P. Brennan, with him James E. O'Brien, for appellant.

Thomas J. Foley, Assistant District Attorney, with him Carlon M. O'Malley, District Attorney, for appellee.

Before STERN, C. J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. CHIEF JUSTICE HORACE STERN, January 4, 1954:

Under date of November 24, 1953, we affirmed the order of the court below denying appellant's motion for his discharge from imprisonment and stated that an opinion would be filed later. The question concerns the application of the so-called "two-term rule."

Appellant, Andrew Moncak, was arrested on April 11, 1953, upon a warrant issued by an alderman of the City of Scranton charging him with the murder...

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