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COMMONWEALTH v. SENK

423 Pa. 129 (1966)

Commonwealth v. Senk, Appellant.

Supreme Court of Pennsylvania.

September 27, 1966.

Attorney(s) appearing for the Case

Gailey C. Keller, with him Hervey B. Smith, for appellant.

Nicholas B. Piazza, Assistant District Attorney, with him Howard R. Berninger, District Attorney, for Commonwealth, appellee.

Joseph M. Smith, Assistant District Attorney, with him James C. Crumlish, Jr., District Attorney, for intervenor.

George Kerestes, president, District Attorneys Association of Pennsylvania, for intervenor.

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

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

On April 5, 1962, the appellant, Frank Earl Senk, was convicted, by a jury in Columbia County, of murder in the first degree. Sentence was fixed at death. An appeal to this Court followed, and we affirmed the judgment, 412 Pa. 184, 194 A.2d 221 (1963). Subsequently, the United States Supreme Court granted certiorari, and on June 22, 1964, vacated our order of affirmance and remanded...

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