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COM. v. TERRY

501 Pa. 626 (1983)

462 A.2d 676

COMMONWEALTH of Pennsylvania, Appellee, v. Benjamin TERRY, Appellant.

Supreme Court of Pennsylvania.

Decided July 11, 1983.

Attorney(s) appearing for the Case

Marvin L. Wilenzik, Norristown (court-appointed), for appellant.

Joseph A. Smyth, Jr., Dist. Atty., Ronald T. Williamson, Chief, Appeals Div., Bert Goodman, Norristown, Marion E. MacIntyre, Deputy Atty. Gen., for appellee.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

OPINION OF THE COURT

HUTCHINSON, Justice.

On March 20, 1979, while serving three life sentences at Graterford Prison, appellant bludgeoned Felix Mokychic, Captain of the Guards, to death. On November 19, 1979, a jury found appellant guilty of first degree murder, 18 Pa. C.S. § 2502(a), and after a sentencing hearing pursuant to 42 Pa.C.S. § 9711, returned a death sentence. This is appellant's automatic...

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