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COM. ex rel. PETERS v. MARONEY.

415 Pa. 553 (1964)

Commonwealth ex rel. Peters, Appellant, v. Maroney.

Supreme Court of Pennsylvania.

November 10, 1964.

Attorney(s) appearing for the Case

Barney Phillips, for appellant.

Edwin J. Martin, Assistant District Attorney, with him Louis Abromson, Assistant District Attorney, and Robert W. Duggan, District Attorney, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE MUSMANNO, November 10, 1964:

Willie Peters, who was indicted on a charge of murder, pleaded guilty. The Court, without a jury, heard evidence to determine the degree of guilt and affix the penalty. It convicted him of murder in the second degree and sentenced him to a term of imprisonment not less than 10 nor more than 20 years.

He has now filed a petition for a writ of habeas corpus, averring that it was not proved at the trial that...

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