COMMONWEALTH v. PAYTON


440 Pa. 184 (1970)

Commonwealth v. Payton, Appellant.

Supreme Court of Pennsylvania.

October 9, 1970.


Attorney(s) appearing for the Case

Frederick W. Andrews, Assistant Public Defender, for appellant.

Jerome T. Foerster, Assistant District Attorney, and LeRoy S. Zimmerman, 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:

On May 26, 1960, after a jury trial in the Court of Oyer and Terminer of Dauphin County, Harold Payton was convicted of first-degree murder and was sentenced to life imprisonment. On April 25, 1967, Payton filed a petition under the Post Conviction Hearing Act, by which he sought leave to file post-trial motions nunc pro tunc, and in which he made the following averments: "1....

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