O'BRIEN, Justice.
Appellant, Frank W. Barky, Jr., was tried by a judge and jury and was convicted of murder of the third degree. Post-verdict motions were denied, and appellant was sentenced to a prison term of ten-to-twenty years. This direct appeal followed.
The facts are as follows. On February 18, 1975, Ruth Miller, the victim, spoke on the phone with her daughter, Roberta Condos...
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