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COMMONWEALTH v. PAWLISHYN

448 Pa. 144 (1972)

Commonwealth v. Pawlishyn, Appellant.

Supreme Court of Pennsylvania.

June 28, 1972.

Attorney(s) appearing for the Case

Harry L. Green, Jr., Assistant Public Defender, for appellant.

Stewart J. Greenleaf, Assistant District Attorney, with him William T. Nicholas, First Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE EAGEN, June 28, 1972:

On April 7, 1955, Peter Pawlishyn was convicted by a jury in Montgomery County of murder in the first degree, and the punishment was fixed at life imprisonment. The court imposed the sentence the jury directed and no appeal was entered. However, in 1967 Pawlishyn filed a petition seeking post-conviction relief and, after an evidentiary hearing, the court concluded Pawlishyn had not effectively waived his right to appeal...

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