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COMMONWEALTH v. CAREY

368 Pa. 157 (1951)

Commonwealth v. Carey, Appellant.

Supreme Court of Pennsylvania.

June 27, 1951.

Attorney(s) appearing for the Case

Julian W. Barnard, with him James N. Peck, for appellant.

Bernard E. DiJoseph, Assistant District Attorney, with him J. Stroud Weber, District Attorney, for appellee.

Before DREW, C.J., STERN, STEARNE, JONES, BELL, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE ALLEN M. STEARNE, June 27, 1951:

Ollie Carey was convicted by a jury of murder in the first degree with the penalty fixed at death. Defendant was indicted for the murder of Thomas J. Matthews, a police officer, who was killed by gun shot wounds while in pursuit of defendant, whom the officer sought to place under arrest. His motion for a new trial having been overruled, defendant appeals from the judgment...

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