COM. ex rel. SCOLERI v. MYERS


423 Pa. 558 (1967)

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

Supreme Court of Pennsylvania.

January 4, 1967.


Attorney(s) appearing for the Case

Edward J. Morris, for appellant.

Richard A. Sprague, First Assistant District Attorney, with him Benjamin H. Levintow and Joseph M. Smith, Assistant District Attorneys, and Arlen Specter, District Attorney, for appellee.

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


OPINION BY MR. JUSTICE EAGEN, January 4, 1967:

On September 30, 1964, the appellant, Anthony Scoleri, was convicted by a jury of murder in the first degree and punishment was fixed at death. A motion for a new trial was argued before the court en banc on May 24, 1965. It was dismissed July 26, 1965, and on the same day sentence was imposed as the jury directed. No appeal was entered from the judgment.1

On October 15, 1965 (81 days...

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