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COM. ex rel. SMITH v. RUNDLE

423 Pa. 93 (1966)

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

Supreme Court of Pennsylvania.

October 7, 1966.

Attorney(s) appearing for the Case

Ray E. Machen, with him Bernard L. Lemisch, for appellant.

John A. McMenamin, Assistant District Attorney, with him Joseph M. Smith, Assistant District Attorney, and Arlen Specter, District Attorney, for appellee.

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

OPINION BY MR. JUSTICE EAGEN, October 7, 1966:

This is an appeal from an order below dismissing an action in habeas corpus without hearing.

The appellant, Frank Smith, is confined under a sentence of life imprisonment imposed on June 28, 1950, following his conviction by a jury of murder in the first degree. Throughout the trial proceedings, he was represented by self-retained counsel. A motion for a new trial was filed and later withdrawn. No appeal from...

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