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COMMONWEALTH v. RADFORD

428 Pa. 279 (1968)

Commonwealth, Appellant, v. Radford.

Supreme Court of Pennsylvania.

January 9, 1968.

Attorney(s) appearing for the Case

Ralph J. Althouse, Jr., Assistant District Attorney, with him W. Richard Eshelman, District Attorney, for Commonwealth, appellant.

Clinton J. Najarian, with him Albert A. Stallone, for appellee.

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

OPINION PER CURIAM, January 9, 1968:

This is an appeal by the Commonwealth from the grant of defendant's motion in arrest of judgment after a jury conviction of second degree murder.

The facts may be summarized as follows: On February 13, 1965, two men entered the home of deceased on the pretext of making a telephone call to get aid for their broken-down car. After gaining access, they immediately commenced searching the premises for certain

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