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COMMONWEALTH v. IRBY

445 Pa. 248 (1971)

Commonwealth v. Irby, Appellant.

Supreme Court of Pennsylvania.

December 20, 1971.

Attorney(s) appearing for the Case

J. Graham Sale, Jr., Assistant Public Defender, with him John J. Dean, Assistant Public Defender, and George H. Ross, Public Defender, for appellant.

Robert L. Campbell, Assistant District Attorney, with him Carol Mary Los, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

Before JONES, EAGEN, O'BRIEN, ROBERTS and POMEROY, JJ.

OPINION BY MR. JUSTICE O'BRIEN, December 20, 1971:

This is a direct appeal from a first degree murder verdict and imposition of a life sentence. Although appellant does argue, inter alia, that the verdict was against the weight of the evidence, in view of appellant's statement, made after proper warnings, that he had entered the victim's store, pulled a gun, informing the victim that it was a stickup, and shot the victim when the victim also reached for a gun...

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