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COMMONWEALTH v. TONEY

439 Pa. 173 (1970)

Commonwealth v. Toney, Appellant.

Supreme Court of Pennsylvania.

July 2, 1970.

Attorney(s) appearing for the Case

Nelson J. Romisher and Jules Mazis, for appellant.

Joel S. Moldovsky, Assistant District Attorney, with him James D. Crawford, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE EAGEN, July 2, 1970:

This is an appeal from the judgment of sentence imposed upon Gordon Toney following his conviction of murder in the second degree after a trial by jury.

The sufficiency of the evidence to sustain the conviction is not questioned, but we have examined the record and it readily discloses more than ample evidence to sustain the jury's verdict. From the trial testimony of a disinterested eyewitness, the jury could find...

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