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COMMONWEALTH v. DUNCAN

437 Pa. 319 (1970)

Commonwealth v. Duncan, Appellant.

Supreme Court of Pennsylvania.

March 20, 1970.

Attorney(s) appearing for the Case

Anthony F. List, Assistant Public Defender, with him R. Barclay Surrick, Assistant Public Defender, and Charles J. Odgers, Jr., Public Defender, for appellant.

Vram Nedurian, Jr., Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE EAGEN, March 20, 1970:

On March 24, 1960, Johnnie Lee Duncan entered a general plea of guilty to an indictment charging him with the murder of his wife. A hearing followed before the court, and Duncan was adjudged guilty of murder in the first degree and was sentenced to life imprisonment. Throughout these proceedings, Duncan had the assistance of legal counsel. No appeal was entered.

In April 1965, Duncan filed a petition for habeas...

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