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COM. v. SMITH

268 Pa.Super. 582 (1979)

408 A.2d 1155

COMMONWEALTH of Pennsylvania v. George SMITH, Appellant.

Superior Court of Pennsylvania.

Filed August 31, 1979.

Attorney(s) appearing for the Case

Eugene H. Clarke, Jr., Philadelphia, for appellant.

Robert B. Lawler, Assistant District Attorney, Chief, Appeals Division, for Commonwealth, appellee.

Before WIEAND, NIX and WEKSELMAN, JJ.

PER CURIAM:

George Smith, Jr. was tried nonjury and found guilty of murder in the third degree and possession of an instrument of crime. Post trial motions were denied, and sentences of imprisonment were imposed. The matter is before this Court on direct appeal.

Appellant's first contention is that the trial court erred in denying his demurrer to the Commonwealth's evidence. The defendant, however, did...

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