COMMONWEALTH v. NEGRI


414 Pa. 21 (1964)

Commonwealth v. Negri, Appellant.

Supreme Court of Pennsylvania.

March 17, 1964.


Attorney(s) appearing for the Case

Leonard L. Ettinger, with him Manfred Landau, and Ettinger, Gallagher & Silverman, for appellant.

Edmund Pawelec, Assistant District Attorney, with him Richard A. Sprague and Arlen Specter, Assistant District Attorneys, F. Emmett Fitzpatrick, Jr., First Assistant District Attorney, and James C. Crumlish, Jr., District Attorney, for Commonwealth, appellee.

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


OPINION BY MR. JUSTICE EAGEN, March 17, 1964:

Charles Negri, the appellant, after trial was found guilty by a jury of murder in the first degree. The penalty was fixed at life imprisonment. Following the denial of post trial motions and imposition of sentence, an appeal to this Court was filed.

The facts established by the evidence may be fairly briefed as follows:

On November 11, 1961, Negri and one James Lenahan escaped from Leesburg Prison Farm...

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