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COM. ex rel. DERRY v. RUNDLE

419 Pa. 146 (1965)

Commonwealth ex rel. Derry, Appellant, v. Rundle.

Supreme Court of Pennsylvania.

September 29, 1965.

Attorney(s) appearing for the Case

Carl T. Derry, appellant, in propria persona.

Vincent C. Veldorale and Joseph M. Smith, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

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

OPINION PER CURIAM, September 29, 1965:

Petitioner challenges a 1948 conviction in reliance on the decision in Escobedo v. Illinois, 378 U.S. 478, 84 S.Ct. 1758 (1964). Having concluded today that the rule of that case is not to be given retrospective application, Commonwealth v. Negri, 419 Pa. 117, 213 A.2d 670 (1965), Negri is here controlling.

Order affirmed.

Mr...

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