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COMMONWEALTH EX REL. CROSBY v. RUNDLE. (07/01/64)

July 1, 1964

COMMONWEALTH EX REL. CROSBY, APPELLANT,
v.
RUNDLE.



Appeal, No. 239, Jan. T., 1964, from order of Court of Common Pleas No. 4 of Philadelphia County, June T., 1963, No. 3283, in case of Commonwealth ex rel. Albert R. Crosby v. Alfred T. Rundle, Superintendent. Order affirmed; reargument refused August 1, 1964.*fn*

COUNSEL

David H. Kubert, for appellant.

Armand Della Porta, Assistant District Attorney, with him Thomas M. Reed, Assistant District Attorney, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

Before Bell, C.j., Jones, Cohen, Eagen, O'brien and Roberts, JJ.

Author: Eagen

[ 415 Pa. Page 82]

OPINION BY MR. JUSTICE EAGEN

On April 11, 1961, the appellant-defendant, Albert R. Crosby, shot and killed his wife, Georgia Crosby, and one Robert Cliett. On August 15, 1961, the grand jury returned four bills of indictment. In two, he was charged with murder and in two with manslaughter.

On March 12, 1962, he appeared in court with counsel and was arraigned on the two indictments charging murder. The record discloses the following occurred:

"Mr. Sprague: At this time, sir, in Case No. 2 on Your Honor's trial list against the defendant, Albert Crosby, the Commonwealth moves for trial against him on Bill No. 420 of August Sessions, 1961, in which he is charged with murder. May he be arraigned on that bill, sir?

Judge Hagan: Yes.

The Crier: Albert Crosby, in this Bill 420 of the August Sessions, 1961, charging you with the murder of Robert Cliett. How plead you, guilty or not guilty?

The Defendant: Guilty generally.

The Crier: Your Honor, he enters a plea of guilty to murder generally in Bill 420.

Mr. Sprague: At this time, sir, the Commonwealth moves for trial against this defendant on Bill ...


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