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COMMONWEALTH ex rel. SMITH v. ASHE

364 Pa. 93 (1950)

Commonwealth ex rel. Smith v. Ashe, Warden et al.

Supreme Court of Pennsylvania.

January 20, 1950.

Attorney(s) appearing for the Case

Thomas D. McBride, with him Herbert S. Levin, for relator.

T. McKeen Chidsey, Attorney General, with him Randolph C. Ryder, Deputy Attorney General, Colbert C. McClain and James W. Tracey, Jr., Assistant District Attorneys, for respondents.

Before MAXEY, C.J., STERN, STEARNE and JONES, JJ.

OPINION BY MR. CHIEF JUSTICE MAXEY, January 20, 1950:

A petition for writ of habeas corpus is now filed by James Smith, who on his own plea of guilty was adjudged guilty of murder in the first degree, and sentenced to death. This judgment and sentence were on June 24, 1949, affirmed by the Court (362 Pa. 222, 66 A.2d 764). The core of the petition is that Smith was permitted to plead guilty without having the question of his sanity formally adjudicated and that psychiatrists...

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