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COMMONWEALTH v. THOMAS (03/18/71)

SUPREME COURT OF PENNSYLVANIA


decided: March 18, 1971.

COMMONWEALTH
v.
THOMAS, APPELLANT

Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, April T., 1963, No. 1350, in case of Commonwealth of Pennsylvania v. Myers D. Thomas.

COUNSEL

Nathan Teitelman, for appellant.

Richard Max Bockol and Milton M. Stein, Assistant District Attorneys, James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Bell, C. J., Jones, Eagen, O'Brien, Roberts, Pomeroy and Barbieri, JJ. Opinion by Mr. Chief Justice Bell. Mr. Justice Pomeroy concurs in the result.

Author: Bell

[ 442 Pa. Page 112]

Appellant was arrested and charged with the murder of Helen Whalen. On May 5, 1964, appellant was tried and found guilty of murder in the first degree, and on September 14, 1964 was sentenced to life imprisonment. During his trial, he was represented by counsel.

Appellant filed a petition under the Post Conviction Hearing Act, and was permitted to file an appeal nunc pro tunc to our Court. Two attorneys were appointed to represent him in the appeal. In Commonwealth v. Thomas, 429 Pa. 227, 239 A.2d 354, this Court affirmed the judgment of sentence.

Appellant filed a second P.C.H.A. petition, which, after argument, was dismissed by the hearing Judge. Appellant appealed the Order dismissing his second P.C.H.A. petition to our Court, and we affirmed per curiam. Commonwealth v. Thomas, 433 Pa. 608, 248 A.2d 765. In this hearing and in this appeal, appellant was represented by counsel.

Appellant filed a third P.C.H.A. petition, which was dismissed after a hearing before the hearing Judge. In this hearing and in the present appeal from the Order dismissing appellant's third P.C.H.A. petition, appellant was represented by counsel.

Appellant's principal contention is that he should be awarded a new trial because of ineffective assistance of trial counsel. See Com. ex rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349; Commonwealth v. Woody, 440 Pa. 569, 271 A.2d 477; Commonwealth v. Skipper, 440 Pa. 576, 271 A.2d 476.

[ 442 Pa. Page 113]

We find no merit in this or in any contention of the appellant.

Order affirmed.

Disposition

Order affirmed.

19710318

© 1998 VersusLaw Inc.



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