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COMMONWEALTH v. McINTYRE

417 Pa. 415 (1965)

Commonwealth v. McIntyre, Appellant.

Supreme Court of Pennsylvania.

March 22, 1965.

Attorney(s) appearing for the Case

Harold A. Gold, for appellant.

William Claney Smith, Assistant District Attorney, with him Robert W. Duggan, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE ROBERTS, March 22, 1965:

Walter Plesniak was beaten to death in the early morning hours of March 14, 1960, during the course of an apparent burglary of a McKeesport, Pennsylvania cafe where the victim was employed as a janitor. Appellant, James McIntyre, was tried by a jury on an indictment charging him with the murder and he was found guilty of that crime in the second degree. Motions for a new trial and in arrest of judgment were refused and...

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