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COM. ex rel. SHAFFER v. CAVELL

423 Pa. 425 (1966)

Commonwealth ex rel. Shaffer, Appellant, v. Cavell.

Supreme Court of Pennsylvania.

November 15, 1966.

Attorney(s) appearing for the Case

Ben F. Wright, with him L.D. McDaniel, for appellants.

Richard D. Cicchetti, Assistant District Attorney, and John R. Hoye, District Attorney, filed a brief, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE EAGEN, November 15, 1966:

On December 14, 1948, after a joint trial, the appellants, Clyde Shaffer and Elmer Clark, were convicted by a jury in Fayette County of murder in the first degree. Punishment was fixed at life imprisonment. Motions for a new trial were filed and later withdrawn. On May 27, 1949, sentence was imposed in accordance with the jury's verdict. No appeal from the judgment was entered...

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