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COM. v. McKENNA

476 Pa. 428 (1978)

383 A.2d 174

COMMONWEALTH of Pennsylvania v. Gerard Paul McKENNA, Appellant (two cases).

Supreme Court of Pennsylvania.

Decided January 26, 1978.

Reargument Denied March 3, 1978.

Attorney(s) appearing for the Case

Thomas A. Walrath, Wellsboro, Leonard J. Frawley, Public Defender, Towanda, William A. Hebe, Wellsboro, for appellant.

W. Marshall Dawsey, Bradford County Dist. Atty., Towanda, Arthur R. Shuman, Jr., Philadelphia, for appellee.

NAACP Legal Defense Fund, Inc., Norris E. Gelman, Philadelphia, for amicus curiae.

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

OPINION OF THE COURT

POMEROY, Justice.

Appellant, Gerard Paul McKenna, was convicted on December 9, 1974 by a jury of murder of the first degree, and rape. A sentencing proceeding was then conducted1 and after being charged on the penalty, the jury fixed the penalty at death. Timely post-trial motions were filed and in due course denied. On October 16, 1975 appellant was sentenced to...

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