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COMMONWEALTH v. TABB

417 Pa. 13 (1965)

Commonwealth, Appellant, v. Tabb.

Supreme Court of Pennsylvania.

March 16, 1965.

Attorney(s) appearing for the Case

Paula S. Rand, Assistant District Attorney, with her Joseph M. Smith, Assistant District Attorney, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellant.

Cecil B. Moore, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE EAGEN, March 16, 1965:

Lincoln L. Tabb, after trial, was convicted by a jury of murder in the second degree. Motions in arrest of judgment and for a new trial were filed and, after argument, the court en banc granted the motion in arrest of judgment. The Commonwealth filed an appeal from said order to this Court.

After the foregoing appeal was entered and perfected by the filing of the writ of...

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