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COMMONWEALTH v. LEAMER

449 Pa. 76 (1972)

Commonwealth v. Leamer, Appellant.

Supreme Court of Pennsylvania.

October 4, 1972.

Attorney(s) appearing for the Case

T. Dean Lower, for appellant.

Amos Davis, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE POMEROY, October 4, 1972:

Appellant was convicted in 1958 following a jury trial of the 1955 first degree murder of his 92-year-old grandfather, Samuel Jacob Leamer, and sentence was fixed at life imprisonment. After the jury returned its verdict, appellant's counsel made an oral motion for a new trial, which was withdrawn immediately prior to sentencing. In 1970, we reversed the dismissal of appellant's 1968 Post Conviction Hearing Act

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