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COMMONWEALTH v. O'NEILL

451 Pa. 458 (1973)

Commonwealth v. O'Neill, Appellant.

Supreme Court of Pennsylvania.

May 4, 1973.

Attorney(s) appearing for the Case

C.R. Cook, Assistant Public Defender, with him Timothy J. Sullivan, Jr., and John J. Dean, Assistant Public Defenders, and George H. Ross, Public Defender, for appellant.

Louis R. Paulick, Assistant District Attorney, with him Robert L. Eberhardt, Assistant District Attorney, and Robert W. Duggan, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE EAGEN, May 4, 1973:

On April 19, 1971, the appellant, Leroy O'Neill, was arraigned before the court in Allegheny County on an indictment charging him with the murder of his wife. He plead "not guilty" and trial before a jury commenced. On April 22nd, after the Commonwealth had completed the presentation of its evidence in support of the indictment, O'Neill requested and was granted permission by the...

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