COM. ex rel. LINDE v. MARONEY


416 Pa. 331 (1965)

Commonwealth ex rel. Linde, Appellant, v. Maroney.

Supreme Court of Pennsylvania.

January 12, 1965.


Attorney(s) appearing for the Case

Elmer Carl Linde, appellant, in propria persona.

Edward B. Doran, Assistant District Attorney, and Richard E. McCormick, District Attorney, for appellee.

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


OPINION BY MR. JUSTICE EAGEN, January 12, 1965:

On September 6, 1958, the appellant, Elmer Carl Linde, was convicted by a jury of murder in the first degree. He was represented during the proceedings by court-appointed counsel. Punishment was fixed at life imprisonment. A motion for a new trial was dismissed and judgment of sentence imposed in accordance with the verdict. No appeal was filed.

On December 12, 1963, an action in habeas corpus was instituted...

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