COMMONWEALTH v. GOCKLEY


411 Pa. 437 (1963)

Commonwealth v. Gockley, Appellant.

Supreme Court of Pennsylvania.

July 2, 1963.


Attorney(s) appearing for the Case

Martin W. Binder, with him James R. Hevalow, for appellant.

Peter F. Cianci, Assistant District Attorney, with him Frederick O. Brubaker, District Attorney, for Commonwealth, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.


OPINION BY MR. CHIEF JUSTICE BELL, July 2, 1963:

Appellant was tried for the murder of Clement J. Smith and was convicted by a jury of murder in the second degree. Following the dismissal by the trial Court of appellant's motions for a new trial and for an arrest of judgment, a sentence of not less than 10 years and not more than 20 years of imprisonment was imposed. From that judgment the appellant now appeals.

The law is well established that in considering...

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