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COMMONWEALTH v. FOSTAR

455 Pa. 216 (1974)

Commonwealth v. Fostar, Appellant.

Supreme Court of Pennsylvania.

January 24, 1974.

Attorney(s) appearing for the Case

Clarence F. McBride, with him Marker and McBride, for appellant.

John F. Dent, Assistant District Attorney, with him John N. Scales, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE NIX, January 24, 1974:

During the early morning hours of February 28, 1970, the flame of life within the body of Ms. Harriet Susanna Thomas was extinguished after an assault by an intruder while she was watching television in the shelter of her home. The appellant, John Michael Fostar, was arrested and indicted for murder and burglary as a result of this incident and was subsequently convicted of both charges before a jury. Post-trial motions...

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