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COM. ex rel. DiEMILIO v. SHOVLIN

449 Pa. 177 (1972)

Commonwealth ex rel. DiEmilio, Appellant, v. Shovlin.

Supreme Court of Pennsylvania.

October 4, 1972.

Attorney(s) appearing for the Case

George P. Noel, with him Gibbons, Buckley & Smith, for appellant.

Philip J. O'Malley, Assistant District Attorney, with him Ralph B. D'Iorio, Assistant District Attorney, and Stephen J. McEwen, Jr., District Attorney, in propria persona, for Delaware County District Attorney.

Marx S. Leopold, Assistant Attorney General, with him J. Shane Creamer, Attorney General, for Commonwealth, appellee.

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

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

Appellant Ralph C. DiEmilio was arrested on March 20, 1970, and subsequently charged with the murder of his wife. Appellant's trial was delayed over a year while a determination was made as to his mental capacity to stand trial. The trial before a jury commenced on October 26, 1971. At the outset of the trial three psychiatrists, representing appellant, the district attorney, and the institution in which appellant was...

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