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COMMONWEALTH v. COONEY

439 Pa. 324 (1970)

Commonwealth v. Cooney, Appellant.

Supreme Court of Pennsylvania.

July 2, 1970.

Attorney(s) appearing for the Case

Carl Joseph Cooney, appellant, in propria persona.

Vram Nedurian, Jr. and Ralph B. D'Iorio, Assistant District Attorneys, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE POMEROY, July 2, 1970:

In November, 1968, appellant filed a petition under the Post Conviction Hearing Act, Act of January 25, 1966, P.L. (1965) 1580, 19 P.S. § 1180-1 et seq., alleging the existence of newly discovered evidence and constitutional infirmities at his 1967 trial for murder. Counsel was appointed for appellant and an evidentiary hearing was held. The court below thereafter dismissed...

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