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COMMONWEALTH v. ALWINE

449 Pa. 379 (1972)

Commonwealth v. Alwine, Appellant.

Supreme Court of Pennsylvania.

October 4, 1972.

Attorney(s) appearing for the Case

Richard L. McCandless, and Coulter, Gilchrist, Dillon & McCandless, for appellant.

Robert F. Hawk, Assistant District Attorney, and John H. Brydon, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE EAGEN, October 4, 1972:

On July 13, 1959, Richard Wayne Alwine was convicted by a jury in Butler County of robbery and of murder in the first degree. On the murder conviction he was sentenced by the court to life imprisonment as the jury's verdict directed, and on the robbery conviction a sentence of 10 to 20 years imprisonment was imposed. Appeals were not then entered. However, on January 2, 1968,...

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