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COM. ex rel. BERKERY v. MYERS

429 Pa. 378 (1968)

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

Supreme Court of Pennsylvania.

March 15, 1968.

Attorney(s) appearing for the Case

John Berkery, appellant, in propria persona.

William D. Hutchinson, Assistant District Attorney, and Richard B. Russell, District Attorney, for appellee.

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

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

Appellant John Berkery was tried jointly with Ralph Staino for a 1959 burglary; appellant received a sentence of 5 to 12 years while Staino was sentenced to a term of 4 to 9 years. A third individual allegedly involved in the robbery, Robert Poulson, was arrested, interrogated and his statement reduced to writing. Poulson's statement implicated both Berkery and Staino. When shown this statement, Staino made no reply...

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