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COMMONWEALTH v. THOMAS

382 Pa. 639 (1955)

Commonwealth, Appellant, v. Thomas.

Supreme Court of Pennsylvania.

September 26, 1955.

Attorney(s) appearing for the Case

Victor Wright, Assistant District Attorney, with him Samuel Dash, First Assistant District Attorney, and Richardson Dilworth, District Attorney, for appellant.

Garfield W. Levy, with him Donald J. Goldberg and Harry M. Berkowitz, for appellee.

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

OPINION BY MR. JUSTICE ARNOLD, September 26, 1955:

The Commonwealth appeals from the judgment of the court below sustaining the defendant's demurrer to the Commonwealth's evidence in the trial of defendant upon an indictment for murder.

For the purposes of this appeal, the following are the pertinent agreed facts: Defendant and one Henry Jackson, Jr., the deceased, entered the grocery store of one Cecchini and ordered...

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