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COMMONWEALTH v. BURTON

459 Pa. 550 (1974)

330 A.2d 833

COMMONWEALTH of Pennsylvania v. Frederick BURTON, Appellant.

Supreme Court of Pennsylvania.

Decided October 16, 1974.

Rehearing Denied February 4, 1975.

Attorney(s) appearing for the Case

Eugene H. Clarke, Jr., Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Richard A. Sprague, First Asst. Dist. Atty., David Richman, Asst. Dist. Atty., Chief, Appeals Div., Mark Sendrow, Philadelphia, for appellee.

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

OPINION OF THE COURT

O'BRIEN, Justice.

Appellant was found guilty by a jury of murder in the first degree, assault and battery with intent to kill and conspiracy. Post-trial motions were denied and this appeal followed.

On August 29, 1970, at or about 8:30 p.m., Officers Harrington and Kenner of the Fairmount Park Police in Philadelphia were turning into the Cobbs Creek Guardhouse of the 93rd Police District...

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