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COM. ex rel. SMITH v. MYERS

438 Pa. 218 (1970)

Commonwealth ex rel. Smith, Appellant, v. Myers.

Supreme Court of Pennsylvania.

January 30, 1970.

Attorney(s) appearing for the Case

Ellen Q. Suria, with her John R. Suria, Martin Vinikoor, Assistant Defender, and Herman I. Pollock, Defender, for appellant.

James D. Crawford, Assistant District Attorney, with him Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE O'BRIEN, January 30, 1970:

This is an appeal from the order of the Court of Common Pleas of Philadelphia County, denying James Smith's petition for a writ of habeas corpus. The facts upon which the convictions of appellant and his cofelons, Almeida and Hough, rest are well known to this Court1 and to the federal courts.2 In addition to vexing the courts, these cases have perplexed a generation...

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