OPINION BY MR. JUSTICE EAGEN, April 28, 1970:
On April 5, 1967, the appellee, Fred T. Bennett, was convicted by a jury in Philadelphia of murder in the first degree, and punishment was fixed at life imprisonment. Subsequently, the court en banc ordered a new trial. The Commonwealth appealed. We affirm.
On March 31, 1966, Richard Gilliam was found in the vestibule of his home shot to death. On May 25th,
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