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COM. ex rel. PAPY v. MARONEY

417 Pa. 368 (1965)

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

Supreme Court of Pennsylvania.

March 16, 1965.

Attorney(s) appearing for the Case

Frank J. Papy, Jr., appellant, in propria persona.

Armand Della Porta 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 EAGEN, March 16, 1965:

On May 4, 1948, the appellant, Frank J. Papy, Jr., brutally assaulted one William McGee with a claw hammer and robbed him of his wallet and topcoat. Papy was arrested and indicted for aggravated assault and robbery. On July 14, 1948, while represented by counsel, he appeared in court and plead nolo contendere to the indictment. He was sentenced to a term of imprisonment from 7 1/2 to 15 years.

Following the assault...

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