COM. ex rel. WARD v. RUSSELL


419 Pa. 240 (1965)

Commonwealth ex rel. Ward, Appellant, v. Russell.

Supreme Court of Pennsylvania.

October 13, 1965.


Attorney(s) appearing for the Case

Columbus Ward, appellant, in propria persona.

Gordon Gelfond 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 BY MR. CHIEF JUSTICE BELL, October 13, 1965:

This is an appeal from the Order of the Court of Common Pleas No. 7 of Philadelphia County dismissing the petition of Columbus Ward for a writ of habeas corpus.

Ward was indicted for the murder of Mack McClelland Roots whom he killed by stabbing him several times with an ice pick. When Ward came to trial on January 9, 1961, the District Attorney certified that in his opinion*

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