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COMMONWEALTH v. DAVIS

455 Pa. 596 (1974)

Commonwealth v. Davis, Appellant.

Supreme Court of Pennsylvania.

March 25, 1974.

Attorney(s) appearing for the Case

A. Richard Gerber, with him Thomas E. Waters, Jr., and Gerber, Davenport & Wilenzik, for appellant.

J. David Bean, Assistant District Attorney, with him Stewart J. Greenleaf, Assistant District Attorney, William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE ROBERTS, March 25, 1974:

William Davis was found guilty of murder in the second degree for the 1964 stabbing death of Robert Cross. At the time of the murder both Cross and Davis were inmates at the Eastern State Correctional Institution at Graterford.

Following return of the jury's verdict on January 6, 1965, appellant was unable to appear for sentencing because he had been transferred to Farview State Hospital. There his condition...

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