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COMMONWEALTH v. TABB

433 Pa. 204 (1969)

Commonwealth, Appellant, v. Tabb.

Supreme Court of Pennsylvania.

January 15, 1969.

Attorney(s) appearing for the Case

Joel S. Moldovsky, Assistant District Attorney, with him Alan J. Davis, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, 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, January 15, 1969:

On November 22, 1962, Lincoln L. Tabb was convicted by a Philadelphia jury of murder in the second degree. Motions in arrest of judgment and for a new trial were filed. After argument, the court below granted the motion in arrest of judgment. Such a result was thought necessary because the court determined that error was committed at Tabb's trial by the admission of incriminating...

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