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COMMONWEALTH v. NIEMI

365 Pa. 105 (1950)

Commonwealth v. Niemi, Appellant.

Supreme Court of Pennsylvania.

May 22, 1950.

Attorney(s) appearing for the Case

Ernest L. Green, Jr., with him Harold R. Gill, for appellant.

C. William Kraft, Jr., District Attorney, with him R. Paul Lessy, Assistant District Attorney, for appellee.

Before DREW, C.J., STERN, STEARNE, JONES and BELL, JJ.

OPINION BY MR. JUSTICE JONES, May 22, 1950:

This is an appeal from a judgment entered on a verdict of guilty of murder in the first degree with sentence of death. The material facts attending the homicide fully appear in Commonwealth v. Maloney, 365 Pa. 1, 73 A.2d 707, and need not again be related. Niemi, the present appellant, was admittedly an active participant in the felonious killing, having fired the fatal shot in the...

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