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COMMONWEALTH v. LOGAN

456 Pa. 508 (1974)

Commonwealth v. Logan, Appellant.

Supreme Court of Pennsylvania.

July 1, 1974.

Attorney(s) appearing for the Case

A. Benjamin Johnson, Jr., for appellant.

James Garrett, Assistant District Attorney, with him 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 1, 1974:

Appellant, Calvin Logan, was tried by a judge and jury and found guilty of murder in the second degree. Post-trial motions were denied and appellant was sentenced to a term of eight to eighteen years in a state correctional institution. This appeal followed.

During the course of appellant's trial, while he was on the witness stand, the trial judge called a recess for the convenience of one of the jurors. When the...

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