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COM. ex rel. FINK v. RUNDLE

431 Pa. 264 (1968)

Commonwealth ex rel. Fink, Appellant, v. Rundle.

Supreme Court of Pennsylvania.

August 13, 1968.

Attorney(s) appearing for the Case

Grover Frederick Fink, Jr., appellant, in propria persona.

John T. Miller, First Assistant District Attorney, and John F. Rauhauser, Jr., District Attorney, for appellee.

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

OPINION BY MR. JUSTICE ROBERTS, August 13, 1968:

Grover Fink, appellant, was found guilty of voluntary manslaughter and sentenced to a term of 6 to 12 years imprisonment. No post-trial motions were filed and no appeal was taken. Two months after his sentence commenced Fink filed certain hand drawn papers, treated by the court as a petition for a writ of habeas corpus, in which he sought the right to file new trial motions and, if necessary, prosecute a direct appeal...

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