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COM. ex rel. JOHNSON v. RUNDLE

411 Pa. 497 (1963)

Commonwealth ex rel. Johnson v. Rundle, Appellant.

Supreme Court of Pennsylvania.

July 2, 1963.

Attorney(s) appearing for the Case

Jules Bell, Assistant District Attorney, with him Richard Lowe, District Attorney, for appellant.

H. Lester Haws, for appellee.

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

OPINION BY MR. CHIEF JUSTICE BELL, July 2, 1963:

Johnson was convicted twice of murder in the first degree. In the first case the jury fixed the penalty at death and in the second case the jury fixed the penalty at life imprisonment. Johnson's first conviction was set aside by this Court because of trial errors: Commonwealth v. Johnson, 368 Pa. 139, 81 A.2d 569. His second conviction and sentence was sustained by this

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