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UNITED STATES v. BRIERLEY

Misc. No. 3624.

277 F.Supp. 751 (1967)

UNITED STATES of America ex rel. Johnnie Lee DUNCAN, E 9981, Petitioner, v. Joseph R. BRIERLEY, Superintendent, Respondent.

United States District Court E. D. Pennsylvania.

December 29, 1967.

Attorney(s) appearing for the Case

Johnnie Lee Duncan, in pro. per.

Paul Robert Sand, Dist. Atty. of Delaware County, Media, Pa., Vram Nedurian, Jr., Asst. Dist. Atty. of Delaware County, Media, Pa., for respondent.

MEMORANDUM

FULLAM, District Judge.

On March 24, 1960, in the Court of Oyer and Terminer of Delaware County, Pennsylvania, the relator, Johnnie Lee Duncan, entered a plea of guilty to a general charge of murder. Under Pennsylvania law, such a plea acknowledges guilt of felonious homicide, but leaves open for adversary determination in non-jury proceedings the question of the degree of the offense, as well as the sentence. The presumption is that the offense...

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