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COMMONWEALTH v. MITCHELL

460 Pa. 665 (1975)

334 A.2d 285

COMMONWEALTH of Pennsylvania v. Richard MITCHELL, Appellant.

Supreme Court of Pennsylvania.

Decided March 18, 1975.

Attorney(s) appearing for the Case

Rudolph S. Pallastrone, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Jr., Dist. Atty., Richard A. Sprague, First Asst. Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., Judith Dean, Asst. Dist. Atty., Mark Sendrow, Asst. Dist. Atty., Asst. Chief Appeals Div., Abraham J. Gafni, Deputy Dist. Atty. for Law, Philadelphia, for appellee.

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

OPINION

MANDERINO, Justice.

Appellant, Richard Mitchell, was convicted by a jury of voluntary manslaughter and aggravated assault and battery. Post-verdict motions were denied and the appellant was sentenced to four and one-half to ten years imprisonment for voluntary manslaughter and to a concurrent one to two year sentence for the aggravated assault and battery. This appeal followed.

Appellant first contends...

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