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COMMONWEALTH v. ROSE

457 Pa. 380 (1974)

Commonwealth v. Rose, Appellant.

Supreme Court of Pennsylvania.

July 1, 1974.

Attorney(s) appearing for the Case

J.C. Marston, with him James M. McNamara, Assistant Public Defenders, for appellant.

Stephen B. Harris, First Assistant District Attorney, with him Kenneth G. Biehn, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE POMEROY, July 1, 1974:

The appellant, Amos Paul Rose, was convicted by a jury in Bucks County of murder in the first degree of one Gary Moore on November 26, 1970. On this direct appeal from the judgment of sentence of life imprisonment, appellant's sole contention is that the trial court erred in that portion of its charge which placed on the defendant the burden of proving intoxication by a preponderance of the evidence. We agree with this...

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