COM. ex rel. JOHNSON v. RUSSELL


428 Pa. 440 (1968)

Commonwealth ex rel. Johnson, Appellant, v. Russell.

Supreme Court of Pennsylvania.

March 15, 1968.


Attorney(s) appearing for the Case

David Rudovsky, Assistant Defender, with him Melvin Dildine, Assistant Defender, and Herman I. Pollock, Defender, for appellant.

Benjamin H. Levintow, Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for appellee.

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


OPINION BY MR. JUSTICE MUSMANNO, March 15, 1968:

On February 11, 1948, Albert Johnson, the petitioner in this case, appeared in court to answer four bills of indictment: one charging him with aggravated robbery, another, burglary with intent to rob and ravish, the third with assault and battery, and the fourth with unlawful possession of burglary tools. He pleaded guilty to the indictment on aggravated robbery and not guilty on the other charges. He was tried, with...

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