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COMMONWEALTH v. MITCHELL

472 Pa. 553 (1977)

372 A.2d 826

COMMONWEALTH of Pennsylvania v. Windmark MITCHELL, Appellant.

Supreme Court of Pennsylvania.

Decided April 28, 1977.

Attorney(s) appearing for the Case

Shuman, Lawler & Levy, Arthur R. Shuman, Jr., Philadelphia, for appellant.

F. Emmett Fitzpatrick, Dist. Atty., Steven H. Goldblatt, Asst. Dist. Atty., Chief, Appeals Div., James A. Shellenberger, Philadelphia, for appellee.

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

OPINION OF THE COURT

EAGEN, Chief Justice.

On July 6, 1975, James Fulton was fatally shot during the course of a robbery in a private residence at 3135 West Arizona Street, Philadelphia. On the same day, a criminal complaint, charging Windmark Mitchell with murder, robbery, and related offenses, was filed, and a warrant for Mitchell's arrest issued. On November 19, 1975, Mitchell was arrested. A preliminary hearing was held on November 20, 1975. On March...

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