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COMMONWEALTH v. DiPASQUALE

424 Pa. 500 (1967)

Commonwealth v. DiPasquale, Appellant.

Supreme Court of Pennsylvania.

March 21, 1967.

Attorney(s) appearing for the Case

G. Fred DiBona and John A. Geisz, for appellant.

Joseph M. Smith, Assistant District Attorney, with him Benjamin H. Levintow and Alan J. Davis, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

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

OPINION BY MR. JUSTICE EAGEN, March 21, 1967:

In March 1964, Ludwig Branach was robbed and brutally assaulted in his grocery store in the city of Philadelphia. He died from the injuries received. John Amato and James DiPasquale were arrested in connection with the crime. On May 12, 1965, DiPasquale was convicted by a jury of: (1) murder in the first degree with punishment fixed at life imprisonment; (2) conspiracy to commit...

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