FLETCHER v. SHAPP et al.

Original jurisdiction, No. 49 Tr. Dkt. 1971.

6 Pa.Commw. 33 (1972)

Fletcher v. Shapp, et al.

Commonwealth Court of Pennsylvania.

June 20, 1972.


Attorney(s) appearing for the Case

Louis P. Vitti, for plaintiff.

Curtis M. Pontz, with him Leonard Packel, Deputy Attorney General, and J. Shane Creamer, Attorney General, for defendants.

Argued April 4, 1972, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.


OPINION BY JUDGE CRUMLISH, JR., June 20, 1972:

Fletcher, invoking original jurisdiction,1 filed a complaint in trespass naming the Governor and the Attorney General as defendants. They in turn filed preliminary objections in the nature of demurrers. We sustain.

The undisputed facts are that plaintiff was convicted of murder and sentenced to life imprisonment in 1954. In 1961 this judgment was reversed and plaintiff was granted...

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