Commonwealth v. Whalen

Opinion by

Wright, J.,

This case is a sequel to, and should be read in connection with, the case of Commonwealth v. Whalen (No. 1), 189 Pa. Superior Ct. 351, 150 A. 2d 133. The appeal in that case was filed on August 4, 1958. On October 30, 1958, Whalen obtained a sworn statement from a fellow inmate of the Eastern State Penitentiary named Harry Shank. On the ground that this statement constituted after-discovered evidence, Whalen petitioned for the grant of a new trial nunc pro tunc. On January 5, 1959, this petition was dismissed by the court below. Whalen has appealed.

The substance of…