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COM. ex rel. SWANN v. SHOVLIN

423 Pa. 26 (1966)

Commonwealth ex rel. Swann, Appellant, v. Shovlin.

Supreme Court of Pennsylvania.

September 27, 1966.

Attorney(s) appearing for the Case

Charles Swann, appellant, in propria persona.

David M. Boyd, District Attorney, for appellee.

Burton R. Laub, for amicus curiae, submitted a brief.

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

OPINION BY MR. JUSTICE ROBERTS, September 27, 1966:

In 1949, relator, Charles Edmond Swann, was tried in the Court of Quarter Sessions of Westmoreland County and convicted of assault and battery, aggravated assault and battery, and assault and battery with intent to kill. As a result, he was sentenced to a term of imprisonment of 3 to 7 years and transferred to Western State Penitentiary for confinement.

Shortly thereafter, a petition was filed by the appropriate...

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