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COMMONWEALTH v. CHERRY

457 Pa. 201 (1974)

Commonwealth v. Cherry, Appellant.

Supreme Court of Pennsylvania.

July 2, 1974.

Attorney(s) appearing for the Case

Harold L. Randolph, for appellant.

Bonnie Brigance Leadbetter, Assistant District Attorney, with her David Richman, Assistant District Attorney, Abraham J. Gafni, Deputy District Attorney, Richard A. Sprague, First Assistant District Attorney, and F. Emmett Fitzpatrick, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE O'BRIEN, July 2, 1974:

Appellant, David Cherry, was tried by a judge and jury and found guilty of murder in the first degree. Post-trial motions were denied, and appellant was sentenced to life imprisonment in a state correctional institution. This appeal followed.

The facts surrounding this appeal are as follows: On the evening of April 22, 1971, at or about Midnight, two Philadelphia police...

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