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COMMONWEALTH v. BEY

437 Pa. 134 (1970)

Commonwealth, Petitioner, v. Bey.

Supreme Court of Pennsylvania.

February 12, 1970.

Attorney(s) appearing for the Case

Carol Mary Los, Assistant District Attorney, Robert W. Duggan, District Attorney, for Commonwealth, petitioner.

Samuel J. Rich, with him Cooper, Schwartz, Diamond and Rich, for defendant.

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

OPINION PER CURIAM, February 12, 1970:

Howard Bey was convicted by a jury of first-degree murder in 1948 in the Court of Oyer and Terminer of Allegheny County and the penalty was fixed at life imprisonment. From the judgment of sentence, Bey appealed to this Court, and, on January 11, 1950, we affirmed Bey's conviction. See Commonwealth v. Bey, 364 Pa. 150, 70 A.2d 342 (1950).

On March 30, 1969, Bey filed a petition

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