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COMMONWEALTH v. PERSON (11/30/72)

decided: November 30, 1972.

COMMONWEALTH
v.
PERSON, APPELLANT



Appeal from judgment of sentence of Court of Common Pleas of Berks County, No. 875 of 1969, in case of Commonwealth of Pennsylvania v. Zebedee Person.

COUNSEL

Ralph W. D. Levan and Jack C. Mancuso, for appellant.

Grant E. Wesner, Deputy District Attorney, and Robert L. VanHoove, District Attorney, for Commonwealth, appellee.

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

Author: Manderino

[ 450 Pa. Page 2]

The appellant, Zebedee Person, was indicted for the murder of his wife. The Court of Common Pleas of Berks County, acting under the provisions of the Mental Health and Mental Retardation Act of 1966 and upon petition of defendant's counsel, appointed a commission to investigate the mental condition of the defendant for the purpose of advising the Court whether the defendant was fit to stand trial for murder.

The Commission held a hearing and filed a report which concluded that "Zebedee Person is in fact mentally ill but that he is nevertheless competent to stand trial on the charge of murder." By court order, at the request of the defendant, a second hearing was held in order to allow the defendant to present additional testimony and to further question the physician members of the Commission. Following that hearing, a supplementary

[ 450 Pa. Page 3]

    report was filed which reached the same conclusion as the original report. That conclusion was based on an evaluation of the defendant's condition in relation to the criteria of Section 4408(d) of the Mental Health and Mental Retardation Act of 1966. Act of October 20, 1966, Special Sess. No. 3, P. L. 96, Art. IV, ยง 408(d), 50 P.S. 4408(d).

The court, upon further hearing, then made a finding that Zebedee Person is of such capacity to understand the nature and object of the murder prosecution, to comprehend his own condition in reference to such proceedings, to understand the nature of the punishment which might be inflicted upon him, to confer with his counsel with reference to such proceedings, to make a rational defense and the probable effect of the trial will not be unduly detrimental to his physical and mental condition.

Defendant then indicated that he wished to enter a plea of guilty to voluntary manslaughter. The guilty plea was accepted by the court after a lengthy inquiry which satisfied the court that the defendant understood the nature of the charge to which he was pleading guilty, the right to trial by jury, the presumption of innocence until found guilty, the permissible range of sentences for the crimes charged, that there was no plea bargaining and that no promises or threats had been made to the defendant. Several months later the defendant filed a petition to withdraw his plea of guilty. The petition was dismissed after a hearing and that decision is not challenged in this appeal.

The appellant was sentenced to pay a fine of $100, costs of prosecution, and to undergo five to ten years imprisonment. This appeal is taken from the judgment of sentence. Person was ...


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