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COMMONWEALTH EX REL. DERRY v. RUNDLE (09/29/65)

SUPREME COURT OF PENNSYLVANIA


decided: September 29, 1965.

COMMONWEALTH EX REL. DERRY, APPELLANT,
v.
RUNDLE

Appeal from order of Court of Common Pleas No. 3 of Philadelphia County, June T., 1964, No. 5852, in case of Commonwealth ex rel. Carl T. Derry v. A. T. Rundle, Superintendent.

COUNSEL

Carl T. Derry, appellant, in propria persona.

Vincent C. Veldorale and Joseph M. Smith, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for appellee.

Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Mr. Justice Cohen dissents.

Author: Per Curiam

[ 419 Pa. Page 147]

Petitioner challenges a 1948 conviction in reliance on the decision in Escobedo v. Illinois, 378 U.S. 478, 84 S. Ct. 1758 (1964). Having concluded today that the rule of that case is not to be given retrospective application, Commonwealth v. Negri, 419 Pa. 117, 213 A.2d 670 (1965), Negri is here controlling.

Order affirmed.

Disposition

Order affirmed.

19650929

© 1998 VersusLaw Inc.



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