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COMMONWEALTH v. SMITH

449 Pa. 309 (1972)

Commonwealth v. Smith, Appellant.

Supreme Court of Pennsylvania.

November 17, 1972.

Attorney(s) appearing for the Case

Hugh S. Rebert, Assistant Public Defender, for appellant.

Samuel K. Gates, Assistant District Attorney, with him Harold N. Fitzkee, Jr., District Attorney, for Commonwealth, appellee.

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

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

In 1966 appellant William Smith, Jr., was tried by a jury and found guilty of second degree murder. A direct appeal to this Court resulted in a narrow affirmance of his judgment of sentence. Commonwealth v. Smith, 424 Pa. 9, 225 A.2d 691 (1967).1

On June 22, 1971, appellant filed a petition pursuant to the Post Conviction Hearing Act.

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