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COM. ex rel. JOHNSON v. RUNDLE

440 Pa. 485 (1970)

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

Supreme Court of Pennsylvania.

October 9, 1970.

Attorney(s) appearing for the Case

Leon H. Kline, for appellant.

Samuel T. Swansen, Assistant District Attorney, with him James D. Crawford, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION PER CURIAM, October 9, 1970:

In 1946 appellant pleaded guilty to murder generally. Following a degree of guilt hearing, he was found guilty of murder in the first degree and sentenced to death, a sentence which was later commuted to life imprisonment. No appeal was taken. In 1965 appellant filed a habeas corpus petition, in which he alleged that his confession was elicited at a critical stage in the proceedings, but without the presence of counsel, and hence...

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