COMMONWEALTH v. McBRIDE


440 Pa. 81 (1970)

Commonwealth v. McBride, Appellant.

Supreme Court of Pennsylvania.

October 9, 1970.


Attorney(s) appearing for the Case

W. Bourne Ruthrauff, for appellant.

James D. Crawford, Deputy District Attorney, with him Arthur R. Makadon, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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


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

On June 23, 1965, appellant pleaded guilty to murder generally. At his degree of guilt hearing, the Commonwealth certified that the case would rise no higher than voluntary manslaughter, and the judge found appellant guilty of that offense, sentencing him to a term of one and one-half to five years in prison. No appeal was taken. On September 18, 1968, appellant filed a petition pursuant to the Post Conviction Hearing...

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