COMMONWEALTH v. FULLER


440 Pa. 161 (1970)

Commonwealth v. Fuller, Appellant.

Supreme Court of Pennsylvania.

October 9, 1970.


Attorney(s) appearing for the Case

Oscar Spivack, for appellant.

J. Bruce McKissock, Assistant District Attorney, James D. Crawford, Deputy 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 May 11, 1964, appellant entered a plea of guilty to murder generally. A degree of guilt hearing was held, the Commonwealth certified that the case would rise no higher than second degree murder, and the court found him guilty of that offense. Appellant was then sentenced to a term of ten to twenty years. No appeal was taken. In 1969 appellant filed the present Post Conviction Hearing Act petition, alleging, inter...

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