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COMMONWEALTH v. CATER et al.

396 Pa. 172 (1959)

Commonwealth v. Cater et al., Appellants.

Supreme Court of Pennsylvania.

May 8, 1959.

Attorney(s) appearing for the Case

W. Bradley Ward, with him Joseph L. Ehrenreich, for Cater, appellant.

Charles A. Lord, with him Leon Rosenfield, for Williams, appellant.

Garfield W. Levy, with him Irwin Apfel, for Rivers, appellant.

Juanita Kidd Stout, Assistant District Attorney, with her James N. Lafferty, First Assistant District Attorney, and Victor H. Blanc, District Attorney, for appellee.

Before JONES, C.J., BELL, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. JUSTICE COHEN, May 8, 1959:

On the evening of March 26, 1957, three young men planned and perpetrated a robbery at the pharmacy of Jacob Viner, a North Philadelphia druggist. One of the robbers accompanied Viner to the rear of the establishment, and after warning the druggist to "shut-up," shot and killed him in the presence of his wife. The pharmacy's cash register was rifled of some $34 and the trio made good...

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