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COMMONWEALTH v. KENNEY

449 Pa. 562 (1972)

Commonwealth v. Kenney, Appellant.

Supreme Court of Pennsylvania.

November 30, 1972.

Attorney(s) appearing for the Case

Abraham J. Brem Levy, with him John F.X. Fenerty, for appellant.

Milton M. Stein, Assistant District Attorney, with him T. Michael Mather, 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 JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE EAGEN, November 30, 1972:

This is an appeal from the judgment of sentence imposed by the court on the appellant, George Kenney, following his conviction by a jury of murder in the first degree. Appellant was sentenced to life imprisonment as the jury directed.

The record discloses the following pertinent facts:

On May 4, 1968, the state liquor store on Torresdale Avenue in Philadelphia...

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