OPINION BY MR. JUSTICE O'BRIEN, November 17, 1972:
Rose Schloss was murdered and her husband brutally beaten when their home and delicatessen store were robbed on December 13, 1958. Appellant was tried before a jury and found guilty of murder in the first degree on April 23, 1959, with a sentence of death. Appellant's motion for a new trial was granted by the lower court, and that order was affirmed by this court, which dismissed the Commonwealth's appeal. Commonwealth...
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