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COM. ex rel. RUCKER v. MYERS

427 Pa. 259 (1967)

Commonwealth ex rel. Rucker, Appellant, v. Myers.

Supreme Court of Pennsylvania.

September 26, 1967.

Attorney(s) appearing for the Case

Robert E. Gabriel, for appellant.

William H. Wolf, Jr., Assistant District Attorney, with him Paul R. Michel and Alan J. Davis, Assistant District Attorneys, Richard A. Sprague, First 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 O'BRIEN, September 26, 1967:

Appellant, Herman Rucker, was convicted of murder in the first degree and sentenced to death. We affirmed that sentence on March 23, 1961; Commonwealth v. Rucker, 403 Pa. 262, 168 A.2d 732 (1961), cert. den., 368 U.S. 868 (1961). Appellant then filed a petition for writ of habeas corpus in the United States District Court for the Eastern...

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