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COMMONWEALTH ex rel. ELLIOTT v. BALDI

373 Pa. 489 (1953)

Commonwealth ex rel. Elliott, Appellant, v. Baldi.

Supreme Court of Pennsylvania.

April 14, 1953.

Attorney(s) appearing for the Case

Barnie F. Winkelman, with him William R. Pomerantz, for appellant.

Michael von Moschzisker, First Assistant District Attorney, with him Samuel Dash, Assistant District Attorney and Richardson Dilworth, District Attorney, for Superintendent, Philadelphia County Prison, appellee.

Randolph C. Ryder, Deputy Attorney General, with him Frank P. Lawley, Jr., Assistant Deputy Attorney General and Robert E. Woodside, Attorney General, for Warden, Western State Penitentiary, intervening appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.

OPINION BY MR. JUSTICE BELL, April 14, 1953:

It will aid in a proper understanding and determination of this appeal if we briefly review some of the facts and some of the issues which are fully set forth in our opinion in Commonwealth v. Elliott, 371 Pa. 70, 89 A.2d 782.

Elliott ruthlessly shot and killed a policeman during a robbery. He pleaded guilty to murder and a three Judge court found him guilty of murder in the...

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