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COMMONWEALTH v. BERRY

461 Pa. 233 (1975)

336 A.2d 262

COMMONWEALTH of Pennsylvania v. Donald BERRY, Appellant.

Supreme Court of Pennsylvania.

Decided April 17, 1975.

Attorney(s) appearing for the Case

Mitchell S. Lipschutz, Neil Jokelson, Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Richard A. Sprague, First Asst. Dist. Atty., David Richman, Asst. Dist. Atty., Chief, Appeals Div., James T. Ranney, Asst. Dist. Atty., Deputy 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 OF THE COURT

NIX, Justice.

Appellant, Donald Berry, was charged with the murder of Harry Beasley. A trial was had before a judge and jury at the conclusion of which the appellant was found guilty of murder in the second degree. Post-trial motions were filed, argued, and, subsequently, denied. A sentence of from eight to twenty years imprisonment was imposed. This appeal followed.

The sole issue presented...

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