Commonwealth Ex Rel. Green v. Rundle

Opinion by

Me. Justice Roberts,

In 1958, a jury found petitioner-appellant guilty of murder in the first degree and imposed a sentence of life imprisonment. Prior to and pending trial, the accused was free on bail. During the trial itself, he fled the jurisdiction. The trial was completed in his absence. While hearing the case, the jury was permitted to separate, but no objection was made to the separation. Petitioner’s counsel filed a motion for a new trial, which was granted.

The accused was returned to Pennsylvania and, on October 5, 1961, appeared with new counsel before the trial court. He…