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COMMONWEALTH v. FRISBY

451 Pa. 16 (1973)

Commonwealth v. Frisby, Appellant.

Supreme Court of Pennsylvania.

March 16, 1973.

Attorney(s) appearing for the Case

Ronald J. Klimas, with him Eckell, Sparks, Vadino, Auerbach & Monte, for appellant.

Anna I. Vadino and Vram Nedurian, Jr., Assistant District Attorneys, with them Ralph B. D'Iorio, Assistant District Attorney, and Stephen J. McEwen, Jr., District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE O'BRIEN, March 16, 1973:

On July 9, 1970, at about 11:30 a.m., William Nowak, proprietor of a grocery store located at 631 Morton Avenue, in the city of Chester, was stabbed during the perpetration of a robbery. The victim told police that he was handed a robbery note, but before he could do anything, he was stabbed. Mr. Nowak was removed to a hospital and died on July 16, 1970.

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