Commonwealth v. DeSimone
Supreme Court of Pennsylvania
1Opinion of the Court
Opinion by
Mb. Justice Egberts,
We must here decide whether the principles recently enunciated in Commonwealth v. Anderson, 441 Pa. 483, 272 A. 2d 877 (1971), should apply to trials which took place prior to our decision in that case. In our view, Anderson must be so applied, and we accordingly grant appellant a new trial.
On September 5, 1940, appellant John DeSimone was convicted by a jury of armed robbery and related offenses. He was sentenced to 73/2 to 20 years imprisonment. No direct appeal was taken at that time.1
In 1967 appellant filed the Post Conviction Hearing Act2 petition that is…
2Cases cited10 opinions
- Douglas v. CaliforniaSupreme Court of the United States · 1963
- Desist v. United StatesSupreme Court of the United States · 1969
- Mayer v. City of ChicagoSupreme Court of the United States · 1971
- Norvell v. IllinoisSupreme Court of the United States · 1963
- Smith v. CrouseSupreme Court of the United States · 1964
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3Cited by48 opinions
- Commonwealth v. WilliamsSupreme Court of Pennsylvania · 2008
- Richard Chapman v. State of MississippiMississippi Supreme Court · 2015
- Commonwealth v. PittsSupreme Court of Pennsylvania · 1973
- Commonwealth v. ShieldsSupreme Court of Pennsylvania · 1978
- Commonwealth v. GoldsmithSupreme Court of Pennsylvania · 1973
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