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COMMONWEALTH v. MOORE

444 Pa. 24 (1971)

Commonwealth v. Moore, Appellant.

Supreme Court of Pennsylvania.

June 28, 1971.

Attorney(s) appearing for the Case

A. Martin Herring, with him Rudolph S. Pallastrone, for appellant.

James D. Crawford, Deputy District Attorney, with him Milton M. Stein, Assistant District Attorney, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth appellee.

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

OPINION BY MR. CHIEF JUSTICE BELL, June 28, 1971:

A jury found appellant, Nathaniel Moore, guilty of murder in the first degree and sentenced him to life imprisonment.

Charles Tovsky, the deceased victim, was the proprietor of a grocery store in Philadelphia. At approximately 1:00 P.M. on January 3, 1968, he was robbed by two men, both armed with guns. During the robbery, decedent drew a gun from under the counter,...

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