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COMMONWEALTH v. DAVENPORT

449 Pa. 263 (1972)

Commonwealth v. Davenport, Appellant.

Supreme Court of Pennsylvania.

October 4, 1972.

Attorney(s) appearing for the Case

Rudolph S. Pallastrone, with him Peter B. Scuderi, for appellant.

Milton M. Stein, Assistant District Attorney, with him Romer Holleran, 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, October 4, 1972:

Charged with participating in the armed robbery of a retail variety store in Philadelphia during which the proprietor was fatally shot, the appellant, James Davenport, was indicted for murder. After trial, the jury returned a verdict of guilty of murder in the first degree and fixed the punishment at life imprisonment. Subsequently, post trial motions were denied and sentence...

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