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COMMONWEALTH v. PHILLIPS

372 Pa. 223 (1953)

Commonwealth v. Phillips, Appellant.

Supreme Court of Pennsylvania.

January 5, 1953.

Attorney(s) appearing for the Case

John W. Pollins, with him Avra N. Pershing, Jr., for appellant.

Joseph M. Loughran, Assistant District Attorney, with him L. Alexander Sculco, District Attorney, for appellee.

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

OPINION BY MR. JUSTICE BELL, January 5, 1953:

Defendant pleaded guilty to the crime of murder and the trial Court, consisting of three Judges, unanimously found him guilty of murder in the first degree and fixed death as the penalty. The only question involved in this appeal is whether the lower court abused its discretion by imposing the death penalty instead of life imprisonment.

These are the facts. At about 1:40...

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