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COMMONWEALTH v. DAVIS

455 Pa. 142 (1974)

Commonwealth v. Davis, Appellant.

Supreme Court of Pennsylvania.

January 24, 1974.

Attorney(s) appearing for the Case

John F.X. Fenerty and Charleston & Fenerty, P.C., for appellant.

James J. Wilson and Milton M. Stein, Assistant District Attorneys, 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, January 24, 1974:

Frederick Davis was convicted by a jury of murder in the second degree and of conspiracy. After post-trial motions were denied, a prison sentence of five to fifteen years was imposed on the murder conviction. Davis filed this appeal.

The Commonwealth's testimony at trial which was uncontradicted1 established the following facts:

About 10 p.m. on December 29, 1969, Davis and...

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