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COMMONWEALTH v. WHITING

449 Pa. 275 (1972)

Commonwealth v. Whiting, Appellant.

Supreme Court of Pennsylvania.

November 17, 1972.

Attorney(s) appearing for the Case

Lee Mandell, and Charleston & Fenerty, for appellant.

Peter J. Smith and Milton M. Stein, Assistant District Attorneys, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE NIX, November 17, 1972:

In June, 1963 the appellant entered a plea of guilty to murder generally, with a certification that the crime did not rise higher than second degree murder. The attorney for the Commonwealth noted his intention to proceed on an averment of a prior conviction of second degree murder.1 A sentence of life imprisonment was imposed and no appeal was taken. On August 5, 1968, the appellant filed...

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