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COM. ex rel. SMITH v. RUSSELL

421 Pa. 588 (1966)

Commonwealth ex rel. Smith, Appellant, v. Russell.

Supreme Court of Pennsylvania.

June 24, 1966.

Attorney(s) appearing for the Case

David L. Smith, appellant, in propria persona.

Henry T. Crocker and Richard A. Devlin, Assistant District Attorneys, and Richard S. Lowe, District Attorney, for appellee.

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

OPINION BY MR. JUSTICE MUSMANNO, June 24, 1966:

David L. Smith, the petitioner in this case, seeking release on a writ of habeas corpus, is a lucky man. He shot a man in the face with a shotgun standing only 13 or 14 feet away and the sentencing judge before whom he pleaded guilty generally, sentenced him to the maximum penalty for the crime of voluntary manslaughter when he could, with the established facts and in full conscience...

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