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COMMONWEALTH v. CORDELL

436 Pa. 477 (1970)

Commonwealth v. Cordell, Appellant.

Supreme Court of Pennsylvania.

January 9, 1970.

Attorney(s) appearing for the Case

Melvine Dildine and Elizabeth Langford Green, Assistant Defenders, and Vincent J. Ziccardi, Acting Defender, for appellant.

Anne T. Welsh and James D. Crawford, Assistant District Attorneys, 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 EAGEN, January 9, 1970:

On March 25, 1967, Clinton Cordell was convicted of voluntary manslaughter in Philadelphia County after trial before a judge sitting without a jury. No posttrial motions were filed, and a prison sentence of 4 to 12 years was imposed. No appeal was filed from the judgment.

In October 1967, Cordell filed a petition seeking post-conviction relief, alleging: (1) that the evidence

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