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COMMONWEALTH v. BUTLER

448 Pa. 128 (1972)

Commonwealth v. Butler, Appellant.

Supreme Court of Pennsylvania.

May 25, 1972.

Attorney(s) appearing for the Case

Thomas E. Waters, Jr. and Horace A. Davenport, with them Waters, Fleer, Cooper & Gallager, and Gerber, Davenport & Wilenzik, for appellant.

William T. Nicholas, First Assistant District Attorney, with him Stewart J. Greenleaf, Assistant District Attorney, and Milton O. Moss, District Attorney, for Commonwealth, appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE O'BRIEN, May 25, 1972:

On March 11, 1968, seventy-two year old Concezio Cane was attacked while he was walking on DeKalb Street in the Borough of Norristown. A person on the opposite side of the street heard Cane's screams and saw four Negro figures bending over Cane's body. The headlights of a passing automobile illuminated the scene, permitting the witness to see the incident clearly.

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