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COM. ex rel. BUTLER v. RUNDLE

416 Pa. 321 (1965)

Commonwealth ex rel. Butler, Appellant, v. Rundle.

Supreme Court of Pennsylvania.

January 12, 1965.

Attorney(s) appearing for the Case

Leon Butler, appellant, in propria persona.

Abner H. Silver and Joseph M. Smith, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

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

OPINION BY MR. JUSTICE ROBERTS, January 12, 1965:

The facts of the case before us need be presented only in their brief essentials. In 1940, Leon Butler was arrested and, during his arrest, confessed to murder. Butler had no counsel at his preliminary hearing, although two court-appointed attorneys represented him when the case was tried before a jury on defendant's plea of not guilty. The confession was introduced into evidence...

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