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COMMONWEALTH EX REL. KROL v. RUSSELL (03/22/66)

decided: March 22, 1966.

COMMONWEALTH EX REL. KROL, APPELLANT,
v.
RUSSELL



Appeal from order of Court of Common Pleas No. 3 of Philadelphia County, Sept. T., 1964, No. 2389, in case of Commonwealth ex rel. Theodore J. Krol v. Harry E. Russell, Superintendent.

COUNSEL

Theodore J. Krol, appellant, in propria persona.

Gordon Gelfond 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, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Justice Eagen.

Author: Eagen

[ 421 Pa. Page 33]

This is an appeal from an order below dismissing an action in habeas corpus without hearing.

Appellant, while represented by counsel, plead guilty generally to the charge of murder. After hearing, a three-judge court entered a finding of guilty of murder in the first degree, and imposed a sentence of imprisonment for life.

Appellant now attacks the validity of his confinement and judgment of sentence under the rule enunciated in Escobedo v. Illinois, 378 U.S. 478 (1964).

The writ was correctly denied. The rulings in Commonwealth ex rel. Pomales v. Myers, 418 Pa. 369, 211 A.2d 483 (1965); Commonwealth ex rel. Adderley v. Myers, 418 Pa. 366, 211 A.2d 481 (1965); and, Commonwealth ex rel. Blackshear v. Myers, 419 Pa. 151, 213 A.2d 378 (1965) are controlling.

Order affirmed.

Disposition

Order affirmed.

19660322 ...


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