COM. ex rel. SMART v. MYERS


424 Pa. 315 (1967)

Commonwealth ex rel. Smart, Appellant, v. Myers. Commonwealth ex rel. Smart, Appellant, v. Rundle.

Supreme Court of Pennsylvania.

March 14, 1967.


Attorney(s) appearing for the Case

Herbert L. Smart, appellant, in propria persona.

Ralph B. D'Iorio and Vram S. Nedurian, Assistant District Attorneys, Paul R. Sand, First Assistant District Attorney, and Jacques H. Fox, District Attorney, for appellee.

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


OPINION BY MR. JUSTICE O'BRIEN, March 14, 1967:

Appellant, while represented by counsel, entered a plea of guilty to murder generally, and, after the taking of testimony, was convicted of murder in the second degree and sentenced accordingly. The plea and sentence took place on June 16, 1964.

On January 12 and February 28, 1966, appellant filed petitions for writs of habeas corpus, both of which were dismissed without hearing by the court below. These appeals...

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