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COMMONWEALTH v. LEAMING

432 Pa. 326 (1968)

Commonwealth v. Leaming, Appellant.

Supreme Court of Pennsylvania.

November 12, 1968.

Attorney(s) appearing for the Case

Leonard Turner, with him Louis S. Cali, for appellant.

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

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

OPINION BY MR. JUSTICE JONES, November 12, 1968:

The appellant, Joseph Leaming, stands convicted of the homicide of Irving Brown which took place on or about February 4 or 5, 1965.

The factual background of this homicide may be briefly stated. On February 4, 1965, at approximately 7:30 p.m., Irving Brown, with some friends, went to a Philadelphia taproom, became intoxicated and openly displayed a roll of $10 bills which he asked a Mrs. Alturo,

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