COMMONWEALTH v. MARSHALL


429 Pa. 304 (1968)

Commonwealth v. Marshall, Appellant.

Supreme Court of Pennsylvania.

March 15, 1968.


Attorney(s) appearing for the Case

Melvin Dildine, Assistant Defender, and Herman I. Pollock, Defender, for appellant.

Michael J. Rotko and Alan J. Davis, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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


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

Willey Marshall entered a plea of guilty to murder in October of 1961. After the Commonwealth's certification that Marshall's offense rose no higher than second degree murder, testimony was taken and a sentence of 8 to 20 years imposed. Marshall did not appeal but did in 1964 file a petition for a writ of habeas corpus. This Court affirmed without opinion the denial of his petition, see Commonwealth ex rel. Marshall...

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