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COMMONWELATH v. McCOY

405 Pa. 23 (1961)

Commonwealth v. McCoy, Appellant.

Supreme Court of Pennsylvania.

July 18, 1961.

Attorney(s) appearing for the Case

J. Charles Short, with him Israel Stiefel, for appellant.

Arlen Specter, Assistant District Attorney, with him William H. Wolf, Jr., and Richard A. Sprague, Assistant District Attorneys, Paul M. Chalfin, First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. CHIEF JUSTICE JONES, July 18, 1961:

Gaetano Sabelli, the owner of a grocery store in Philadelphia, was shot and killed by the defendant, McCoy, during the course of his armed robbery on the premises on July 1, 1957. McCoy was indicted for murder for the felonious killing and was tried under the so-called "Split-Verdict Act" of December 1, 1959, P.L. 1621, amending Section 701 of The Penal Code of June 24, 1939, P.L. 872, 18 PS § 4701 (Pocket Part...

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