COMMONWEALTH v. SMITH


212 Pa.Super. 403 (1968)

Commonwealth, Appellant, v. Smith, Appellant.

Superior Court of Pennsylvania.

June 13, 1968.


Attorney(s) appearing for the Case

Richard A. Devlin, Assistant District Attorney, with him Henry T. Crocker, Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth.

Norman Ashton Klinger, for defendant.

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


OPINION BY JACOBS, J., June 13, 1968:

Defendant was arrested in 1964 and charged with assault and battery with intent to ravish and indecent assault. With counsel he waived indictment, pled guilty and was sentenced to 2½-5 years. After exhausting state post-conviction remedies, defendant was granted a hearing before Judge LUONGO of the Federal District Court, Eastern District of Pennsylvania. From the evidence...

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