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COMMONWEALTH v. BUTLER

442 Pa. 30 (1971)

Commonwealth v. Butler, Appellant.

Supreme Court of Pennsylvania.

January 26, 1971.

Attorney(s) appearing for the Case

Edward H. Weis, Assistant Defender, with him John W. Packel, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.

Arthur R. Makadon, Assistant District Attorney, with him Milton M. Stein, Assistant District Attorney, 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., COHEN, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. CHIEF JUSTICE BELL, January 26, 1971:

On December 15, 1945, appellant was arrested for the shooting of Gertrude Phillips. As a result of the shooting, Gertrude Phillips subsequently died, and on January 30, 1946, appellant was indicted for murder, voluntary manslaughter and involuntary manslaughter.

On May 1, 1946, a jury found the appellant guilty of murder in the first degree and fixed the penalty at life imprisonment. Motions for a...

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