COM. ex rel. LINDE v. MARONEY


420 Pa. 31 (1966)

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

Supreme Court of Pennsylvania.

January 4, 1966.


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, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. JUSTICE EAGEN, January 4, 1966:

The appellant, Elmer Carl Linde, on September 6, 1958, was convicted by a jury of murder in the first degree, and punishment was fixed at life imprisonment. Sentence was imposed in accordance with the jury's verdict, and no appeal from the judgment was entered.

On December 12, 1963, Linde instituted an action of habeas corpus which the lower court dismissed without hearing. On appeal, we reversed and remanded...

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