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COM. v. SMITH

480 Pa. 524 (1978)

391 A.2d 1009

COMMONWEALTH of Pennsylvania v. James Lee SMITH, Appellant.

Supreme Court of Pennsylvania.

Decided October 5, 1978.

Attorney(s) appearing for the Case

Thomas P. Ruane, Jr., Public Defender, John F. Wagner, Jr., Asst. Public Defender, Uniontown, for appellant.

Gerald R. Solomon, Ralph C. Warman, Uniontown, for appellee.

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

OPINION OF THE COURT

NIX, Justice.

Appellant James Lee Smith was convicted by a jury of two counts of murder, the first being murder of the first degree and the second being murder of the third degree. This is a direct appeal from the judgments of sentence.1

The relevant facts were established at trial as follows. On December 15, 1974 Fant, Rodgers and Collins were at a nightclub...

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