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COMMONWEALTH v. FRAZIER

420 Pa. 209 (1966)

Commonwealth, Appellant, v. Frazier.

Supreme Court of Pennsylvania.

January 17, 1966.

Attorney(s) appearing for the Case

Joseph M. Smith, Assistant District Attorney, with him Gordon Gelfond and William F. Killeen, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellant.

Lewis Tanner Moore, with him Harold L. Randolph, for appellee.

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

OPINION BY MR. CHIEF JUSTICE BELL, January 17, 1966:

This is an appeal by the Commonwealth from the Order of the Court of Oyer and Terminer of Philadelphia County, which sustained defendant's demurrer to the Commonwealth's evidence.

Defendant was indicted in 1961 for the murder of his wife. At that time he was also indicted, on a separate bill of indictment, for voluntary and involuntary manslaughter. On July 9, 1962...

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