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COMMONWEALTH v. CARN

449 Pa. 228 (1972)

Commonwealth v. Carn, Appellant.

Supreme Court of Pennsylvania.

November 17, 1972.

Attorney(s) appearing for the Case

John H. Chronister, Assistant Public Defender, for appellant.

Samuel K. Gates, Assistant District Attorney, and Harold N. Fitzkee, Jr., District Attorney, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE NIX, November 17, 1972:

A jury found the Appellant, Willie J. Carn, guilty of Murder in the Second Degree and of Aggravated Assault and Battery on January 6, 1964. The judge imposed sentence on the murder indictment and Appellant took no appeal.1 Appellant filed a petition under the Post Conviction Hearing Act, January 25, 1966, P.L. (1965) 1580, § 1, 19 P.S. 1180-1...

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