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COMMONWEALTH v. WHEELER

444 Pa. 164 (1971)

Commonwealth v. Wheeler, Appellant.

Supreme Court of Pennsylvania.

October 12, 1971.

Attorney(s) appearing for the Case

Alan M. Lerner, and Cohen, Shapiro, Polisher, Shiekman and Cohen, for appellant.

Richard Max Bockol and Milton M. Stein, Assistant District Attorneys, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

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

Appellant and a codefendant were charged with murder in 1937; each pled not guilty at their arraignment and separate counsel were appointed. Subsequently both withdrew their pleas of not guilty and entered guilty pleas to murder generally. A court en banc was convened to determine the degree of guilt and the penalty to be imposed. Each was found guilty of murder in the first...

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