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COMMONWEALTH v. SMITH

461 Pa. 336 (1975)

336 A.2d 313

COMMONWEALTH of Pennsylvania v. Paul R. SMITH, Appellant.

Supreme Court of Pennsylvania.

Decided April 17, 1975.

Attorney(s) appearing for the Case

Anthony P. Baratta, Philadelphia, for appellant.

Arlen Specter, Dist. Atty., Richard A. Sprague, 1st Asst. Dist. Atty., David Richman, Asst. Dist. Atty., Chief, Appeals Div., James J. Wilson, Asst. Dist. Atty., Abraham J. Gafni, Deputy Dist. Atty. for Law, F. Emmett Fitzpatrick, Dist. Atty., Philadelphia, for appellee.

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

OPINION OF THE COURT

MANDERINO, Justice.

The appellant, Paul R. Smith, pled guilty to murder on January 30, 1961. Following a degree of guilt hearing, he was found guilty of murder in the first degree, and sentenced to life imprisonment. No appeal was taken from the judgment of sentence.

In 1964, appellant filed an uncounseled habeas corpus petition in the trial court. Relief was denied. An appeal to this Court was filed but subsequently withdrawn...

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