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COM. ex rel. MURPHY v. RUNDLE

210 Pa.Super. 524 (1967)

Commonwealth ex rel. Murphy, Appellant, v. Rundle.

Superior Court of Pennsylvania.

September 15, 1967.

Attorney(s) appearing for the Case

Melvine Dildine, Assistant Defender, with him Leonard Packel, Assistant Defender, Martin Vinikoor, First Assistant Defender, and Herman I. Pollock, Defender, for appellant.

Joseph M. Smith, Assistant District Attorney, with him Burton D. Fretz and Alan J. Davis, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Before ERVIN, P.J., WRIGHT, WATKINS, MONTGOMERY, JACOBS, HOFFMAN, and SPAULDING, JJ.

OPINION BY MONTGOMERY, J., September 15, 1967:

This is an appeal by relator from the action of the court below dismissing his petition for a writ of habeas corpus, without a hearing. The question presented is whether the record shows a voluntary and intelligent waiver of counsel by relator at trial.

Relator, along with three codefendants, was tried before a judge without a jury December 22, 1952 on indictments...

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