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COMMONWEALTH v. ELLSWORTH

421 Pa. 169 (1966)

Commonwealth v. Ellsworth, Appellant.

Supreme Court of Pennsylvania.

March 22, 1966.

Attorney(s) appearing for the Case

John Rogers Carroll, with him Robert E. Gabriel, for appellant.

Charles Jay Bogdanoff, Assistant District Attorney, with him Joseph M. Smith, Assistant District Attorney, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE JONES, March 22, 1966:

Frank Ellsworth was indicted by the grand jury of Philadelphia County for the felony murder of one Lulubel Rossman which had taken place on July 3, 1955. He was tried before a court and jury, convicted of murder of the first degree and sentenced to life imprisonment. We reversed that judgment of sentence and granted a new trial because of error on the part of the trial court in admitting into evidence certain declarations...

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