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COMMONWEALTH v. JENKINS

442 Pa. 588 (1971)

Commonwealth v. Jenkins, Appellant.

Supreme Court of Pennsylvania.

May 17, 1971.

Attorney(s) appearing for the Case

Henry B. Fitzpatrick, Jr., with him D.M. Masciantonio, for appellant.

Milton M. Stein, 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 and POMEROY, JJ.

OPINION BY MR. JUSTICE O'BRIEN, May 17, 1971:

On March 2, 1969, about a dozen people, all friends, were gathered at the home of one of their number for cards and conversation. One of the twelve, the appellant, twenty-seven year old Jerome Jenkins, woke up from a nap and went into the kitchen to talk with his lifelong friend, Henry Jefferson, and the others gathered in that room. They were having a friendly conversation, "joking...

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