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COMMONWEALTH v. WHALEN

189 Pa.Super. 359 (1959)

Commonwealth v. Whalen, Appellant (No. 2).

Superior Court of Pennsylvania.

April 16, 1959.

Attorney(s) appearing for the Case

Paul N. Gardner, for appellant.

Juanita Kidd Stout, Assistant District Attorney, with her James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and WATKINS, JJ.

OPINION BY WRIGHT, J., April 16, 1959:

This case is a sequel to, and should be read in connection with, the case of Commonwealth v. Whalen (No. 1), 189 Pa.Super. 351, 150 A.2d 133. The appeal in that case was filed on August 4, 1958. On October 30, 1958, Whalen obtained a sworn statement from a fellow inmate of the Eastern State Penitentiary named Harry Shank. On the ground that this statement constituted after-discovered...

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