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COMMONWEALTH v. LARK

460 Pa. 399 (1975)

333 A.2d 786

COMMONWEALTH of Pennsylvania v. Jimmie Lee LARK, Appellant (two cases).

Supreme Court of Pennsylvania.

Decided March 18, 1975.

Attorney(s) appearing for the Case

Ronald J. Brockington, 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., Benjamin H. Levintow, Asst. Dist. Atty., Mark Sendrow, Asst. Dist. Atty., Asst. Chief, Appeal 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

JONES, Chief Justice.

Appellant, Jimmie Lee Lark, was convicted of murder in the second degree and aggravated robbery in the robbery-murder of Irving Rotfarb on September 3, 1970. Timely motions for a new trial and in arrest of judgment were denied and appellant was sentenced. This appeal followed.1

The evidence adduced at trial disclosed that on the morning of September 3, 1970, the appellant, seventeen...

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