COMMONWEALTH v. SMULEK


446 Pa. 277 (1971)

Commonwealth v. Smulek, Appellant.

Supreme Court of Pennsylvania.

December 20, 1971.


Attorney(s) appearing for the Case

Frank J. McDonnell, Assistant Public Defender, for appellant.

Paul R. Mazzoni, District Attorney, for Commonwealth, appellee.

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


OPINION BY MR. JUSTICE POMEROY, December 20, 1971:

On March 10, 1967, following a plea of guilty, a court en banc found the appellant, Carl Joseph Smulek, guilty of murder in the first degree for the slaying of his former wife's father, and sentenced him to life imprisonment. No post-trial motions were filed and no appeal was taken. Subsequently, a petition under the Post Conviction Hearing Act, Act of January 25, 1966, P.L. (1965) 1580, § 1, 19 P.S. 1180...

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