COMMONWEALTH v. SCHMIDT


437 Pa. 563 (1970)

Commonwealth v. Schmidt, Appellant.

Supreme Court of Pennsylvania.

March 20, 1970.


Attorney(s) appearing for the Case

William J. Myers, for appellant.

Newton C. Taylor, District Attorney, for Commonwealth, appellee.

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


OPINION BY MR. CHIEF JUSTICE BELL, March 20, 1970:

On December 6, 1963, a jury found Ross Omer Schmidt guilty of murder in the second degree. Defendant's post-trial motions were dismissed and he was sentenced to imprisonment for not less than eight nor more than sixteen years. An appeal was filed with this Court, but it was withdrawn by defendant after a Certificate of Discontinuance was filed by defendant on October 15, 1964. On July 31, 1968, this...

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