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COMMONWEALTH PENNSYLVANIA v. ALFRED NARDI (11/18/78)

decided: November 18, 1978.

COMMONWEALTH OF PENNSYLVANIA
v.
ALFRED NARDI, JR., APPELLANT



No. 45 January Term, 1977, Appeal from Order of the Court of Common Pleas, Criminal, of Huntingdon County, at No. 21 September Sessions, 1954

COUNSEL

Joseph W. Mullin, Public Defender, Huntingdon, for appellant.

Stewart L. Kurtz, Dist. Atty., Huntingdon, for appellee.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix, Manderino and Larsen, JJ.

Author: Per Curiam

[ 482 Pa. Page 579]

OPINION OF THE COURT

In November, 1954, appellant, Alfred Nardi, Jr., was convicted in the Court of Common Pleas of Huntingdon County of murder of the first degree. The conviction was in connection with the homicide of a prison guard at the Pennsylvania Institution for Defective Delinquents at Huntingdon, Pennsylvania. Appellant was sentenced to life imprisonment.

Appellant failed to file post-verdict motions or a direct appeal to this court. In 1966, he filed a Post Conviction Hearing Act Petition. On August 18, 1967, the Court of Common Pleas of Huntingdon County denied appellant's requested relief. A direct appeal was then filed to this court. This Court, in Commonwealth v. Nardi, 430 Pa. 88, 242 A.2d 248 (1968), in affirming the order of the court below, discussed the following issues on the merits:

1. That appellant was denied the right to counsel at the time of his preliminary hearing.

2. That a psychiatrist should have been appointed to assist defense counsel.

[ 482 Pa. Page 5803]

. That a sanity commission should have been appointed to determine his competency to stand trial and the issue of ...


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