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COMMONWEALTH v. DAVIS

396 Pa. 158 (1959)

Commonwealth v. Davis, Appellant.

Supreme Court of Pennsylvania.

May 8, 1959.

Attorney(s) appearing for the Case

H.H. Heilman, Jr., with him Floy C. Jones, Jr., for appellant.

Samuel Strauss, Special Assistant District Attorney, with him Robert E. Ashe, former District Attorney, and Harry A. Heilman, Jr., District Attorney, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN, BOK and McBRIDE, JJ.

OPINION BY MR. JUSTICE BENJAMIN R. JONES, May 8, 1959:

We are herein presented with an appeal from a judgment of sentence upon defendant of the death penalty after his conviction of murder in the first degree.

On January 30, 1957 between 10:00 and 10:15 p.m. the victim, Emily Foster, left a bingo game in Vandergrift, Pa., to return to her home in Leechburg, Pa. — a distance of approximately five miles — and arrived there approximately fifteen...

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