COM. ex rel. CUNNINGHAM v. MARONEY


421 Pa. 157 (1966)

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

Supreme Court of Pennsylvania.

April 19, 1966.


Attorney(s) appearing for the Case

David B. Fawcett, Jr., with him Dickie, McCamey & Chilcote, for appellant.

Edwin J. Martin, Assistant District Attorney, with him Robert W. Duggan, District Attorney, for appellees.

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


OPINION BY MR. JUSTICE ROBERTS, April 19, 1966:

In 1963, appellant was tried and convicted of murder in the second degree. Trial was by jury and throughout the proceedings appellant was represented by court appointed counsel. A post trial motion for a new trial was denied and appellant was sentenced to a term of imprisonment of 10 to 20 years. No appeal was taken.

On October 8, 1964, appellant filed a petition for a writ of habeas corpus in the court below...

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