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COMMONWEALTH v. DAVIS

429 Pa. 138 (1968)

Commonwealth v. Davis, Appellant.

Supreme Court of Pennsylvania.

March 15, 1968.

Attorney(s) appearing for the Case

John W. Packel, Assistant Defender, with him Melvin Dildine, Assistant Defender, and Herman I. Pollock, Defender, for appellant.

Benjamin A. Levintow, Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE ROBERTS, March 15, 1968:

On January 24, 1963, appellant Davis entered a plea of guilty to murder generally in Philadelphia County Court of Oyer and Terminer. The Commonwealth thereupon certified that the offense rose no higher than second degree. Davis was sentenced to 12½ to 30 years; no appeal was taken. In 1965 he filed a habeas corpus petition which was denied (after a hearing had been held...

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