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COMMONWEALTH EX REL. LINDE v. MARONEY (01/04/66)

decided: January 4, 1966.

COMMONWEALTH EX REL. LINDE, APPELLANT,
v.
MARONEY



Appeal from order of Court of Common Pleas of Westmoreland County, Oct. T., 1963, No. 671, in case of Commonwealth ex rel. Elmer Carl Linde v. James F. Maroney, Superintendent.

COUNSEL

Elmer Carl Linde, appellant, in propria persona.

Edward B. Doran, Assistant District Attorney, and Richard E. McCormick, District Attorney, for appellee.

Bell, C. J., Musmanno, Jones, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Eagen. Mr. Justice Cohen took no part in the consideration or decision of this case.

Author: Eagen

[ 420 Pa. Page 32]

The appellant, Elmer Carl Linde, on September 6, 1958, was convicted by a jury of murder in the first degree, and punishment was fixed at life imprisonment. Sentence was imposed in accordance with the jury's verdict, and no appeal from the judgment was entered.

On December 12, 1963, Linde instituted an action of habeas corpus which the lower court dismissed without hearing. On appeal, we reversed and remanded the record to the lower court with directions to hold a hearing to specifically determine whether or not a statement given by Linde to investigating officers, and introduced against him at trial, was freely and voluntarily given (see, 416 Pa. 331).

Subsequently, this hearing was held, following which the lower court again dismissed the action after making specific findings of fact, and a conclusion therefrom that the statement was freely and knowingly given and did not result from any act or acts of coercion. This appeal was then filed.

We agree with the lower court's conclusion. The following facts are disclosed by the record.

On June 13, 1958, about 1:30 a.m. o'clock, Linde went to the home of his estranged girl friend, and tried unsuccessfully to shoot her from the outside aiming through the bedroom window. He then entered the

[ 420 Pa. Page 33]

    home and fired five bullets into her body which caused immediate death. In the melee, he received a serious gunshot wound in the side of the body.

Shortly afterwards, he was removed to a hospital where an emergency operation was performed, which concluded at 4:50 a.m. o'clock. About one hour and a half before the operation, he was injected with a narcotic drug to relieve pain and to counteract shock. Immediately before and during the operation (which commenced about 4 a.m. o'clock), ...


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