COMMONWEALTH v. SHADD


454 Pa. 148 (1973)

Commonwealth v. Shadd, Appellant.

Supreme Court of Pennsylvania.

October 3, 1973.


Attorney(s) appearing for the Case

Kenneth Mirsky, Assistant Defender, with him Jonathan Miller, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Albert L. Becker, Assistant District Attorney, with him Milton M. Stein, Assistant 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, October 3, 1973:

In May of 1960, appellant Ronald Shadd was tried before a judge and jury and convicted of first degree murder. Post-trial motions were filed but later withdrawn, and a sentence of life imprisonment was imposed. In October, 1965, appellant filed a petition for habeas corpus alleging that his trial had been tainted by the introduction of testimony that he stood mute when confronted at a police station interview by a codefendant...

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