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COM. ex rel. BELL v. RUNDLE

420 Pa. 127 (1966)

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

Supreme Court of Pennsylvania.

January 17, 1966.

Attorney(s) appearing for the Case

Judah I. Labovitz, for appellant.

Gordon Gelfond, Assistant District Attorney, with him Joseph M. Smith, Assistant District Attorney, 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 O'BRIEN, January 17, 1966:

The instant appeal is from the order of the Court of Common Pleas No. 1 of Philadelphia County, dismissing appellant's petition for writ of habeas corpus. Appellant was charged with murder and found guilty, by a jury, of murder in the first degree, and the penalty was fixed at death. The judgment of sentence was subsequently affirmed by this court. Com. v. Bell, 417 Pa. 291, 208...

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