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COM. ex rel. MARINO v. MYERS

419 Pa. 448 (1965)

Commonwealth ex rel. Marino, Appellant, v. Myers.

Supreme Court of Pennsylvania.

November 23, 1965.

Attorney(s) appearing for the Case

Thomas Marino, appellant, in propria persona.

Ted E. Freedman 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. JUSTICE ROBERTS, November 23, 1965:

Appellant is presently serving a life sentence following his 1947 jury conviction of murder in the first degree.1 He filed a petition for a writ of habeas corpus in the court below contending that the introduction at his trial of evidence of prior convictions, under the then prevailing "Parker Rule",2 resulted in a...

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