COMMONWEALTH v. FALCONE


440 Pa. 61 (1970)

Commonwealth v. Falcone, Appellant.

Supreme Court of Pennsylvania.

October 9, 1970.


Attorney(s) appearing for the Case

Thomas S. McCready, for appellant.

Murray Mackson, First Assistant District Attorney, and John Deutsch, District Attorney, for Commonwealth, appellee.

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


OPINION BY MR. JUSTICE JONES, October 9, 1970:

Following a jury trial in the Court of Common Pleas of Carbon County, Daniel Falcone was found guilty of first-degree murder and was sentenced, on January 29, 1955, to life imprisonment. No direct appeal was taken, but on February 11, 1969, Falcone filed a petition for the allowance of an appeal under the Post Conviction Hearing Act. An evidentiary hearing was held on May 16, 1969, at which time testimony was given by...

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