COM. v. FITTEN


441 Pa.Super. 373 (1995)

657 A.2d 972

COMMONWEALTH of Pennsylvania, Appellant, v. Barney FITTEN.

Superior Court of Pennsylvania.

Filed April 21, 1995.


Attorney(s) appearing for the Case

Hugh Burns, Jr., Asst. Dist. Atty., Philadelphia, for Com. appellant.

Samuel C. Stretton, West Chester, for appellee.

Before TAMILIA, HOFFMAN and CERCONE, JJ.


TAMILIA, Judge:

On March 27, 1992 the appellee, Barney Fitten, allegedly robbed the victim, 47-year old Edward Paige, and then tossed the 135 pound man over a multi-level shopping center railing to his death, two stories below. On November 12, 1992, a trial judge sitting as fact-finder found Fitten guilty of second degree murder and robbery, sentenced him to mandatory life imprisonment for the murder conviction, ordered a presentence report and set a date for post...

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