Commonwealth Ex Rel. Papy v. Maroney

Opinion by

Mr. Justice Eagen,

On May 4, 1948, the appellant, Frank J. Papy, Jr., brutally assaulted one William McGee with a claw hammer and robbed him of his wallet and topcoat. Papy was arrested and indicted for aggravated assault and robbery. On July 14, 1948, while represented by counsel, he appeared in court and plead nolo contendere to the indictment. He was sentenced to a term of imprisonment from 7y2 to 15 years.

Following the assault, the victim McGee spent several months in two hospitals and finally died on November 25, 1948. An autopsy revealed that the blows on the head, inflicted by…