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COMMONWEALTH v. CLARK

454 Pa. 329 (1973)

Commonwealth v. Clark, Appellant.

Supreme Court of Pennsylvania.

November 26, 1973.

Attorney(s) appearing for the Case

F. Emmett Fitzpatrick, Jr., with him Joseph Michael Smith, and Fitzpatrick & Smith, for appellant.

Maxine J. Stotland, Assistant District Attorney, with her Milton M. Stein, Assistant 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 POMEROY, November 26, 1973:

On July 15, 1968, Officer Ross Brackett of the Philadelphia Police Department was shot to death when he pursued and attempted to arrest a suspect fleeing from the robbery of a Philadelphia trolley car. Appellant, Phillip Clark, was tried for this offense and found guilty of murder in the first degree. Following the denial of post-trial motions, Clark was sentenced to life...

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