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COMMONWEALTH v. NEWSOME

444 Pa. 586 (1971)

Commonwealth v. Newsome, Appellant.

Supreme Court of Pennsylvania.

October 12, 1971.

Attorney(s) appearing for the Case

Charles F.G. Smith, for appellant.

Jerome T. Foerster, Assistant District Attorney, and LeRoy S. Zimmerman, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE EAGEN, October 12, 1971:

This is an appeal from an order entered below denying without hearing appellant's petition for post-conviction relief from the judgment of sentence imposed following his conviction by a jury in Dauphin County, on June 5, 1963, of murder in the second degree.

Following his conviction and sentence, Newsome did not appeal. In 1965, he alleged in habeas corpus proceedings that he had been unlawfully deprived of his...

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