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COM. ex rel. WALLIS v. BRIERLEY

430 Pa. 651 (1968)

Commonwealth ex rel. Wallis, Appellant, v. Brierley.

Supreme Court of Pennsylvania.

May 21, 1968.

Attorney(s) appearing for the Case

Norman Seidel, with him Arnold J. Falk, for appellant.

Charles H. Spaziani, District Attorney, with him Nicholas M. Zanakos, Assistant District Attorney, for appellee.

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

OPINION BY MR. CHIEF JUSTICE BELL, May 21, 1968:

In 1950, John W. Wallis was tried and convicted of murder in the first degree and sentenced to life imprisonment. No post-trial motions nor appeal from the judgment of sentence was ever filed. Fifteen and one-half years later Wallis filed a petition for a writ of habeas corpus. The lower Court refused to issue the writ and dismissed the petition. Wallis thereafter appealed to...

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