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COMMONWEALTH v. MARTIN

442 Pa. 41 (1971)

Commonwealth v. Martin, Appellant.

Supreme Court of Pennsylvania.

January 7, 1971.

Attorney(s) appearing for the Case

William J. Joyce, William G. McConnell, and Cusick, Madden, Joyce & McKay, for appellant.

Robert F. Banks, Assistant District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. CHIEF JUSTICE BELL, January 7, 1971:

In 1952, appellant, John Martin, was convicted of first degree murder by a jury, which fixed the penalty at death. He was represented by two very competent attorneys, B.H. Marks and Hiram M. Drake. Marks and Drake are now dead. Defendant appealed to this Court and we granted a new trial because he was not permitted to poll the jury. Commonwealth v. Martin, 379 Pa. 587, 109 A...

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